M/S Debonair Fashions Private Ltd. - Complainant(s)
Versus
The Regional Manager, Bajaj Allianz General Insurance Company Ltd. - Opp.Party(s)
Mr. Anal Kumar Ghosh.Mr. Mohit Chatterjee.
16 Dec 2009
ORDER
STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGALBHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
CONSUMER CASE NO. 67 of 2009
1. M/S Debonair Fashions Private Ltd.2, S.C.M Road. PO. Baidyabati, PS. Serampore, Dist. Hooghly. Rep. by its Director Sesnath Singh, S/O Late Ganesh Prasad Singh, 96/3, S.C.M. Road. Suvotala, Baidyabati, PS. Serampore, Dist. Hooghly.
...........Appellant(s)
Vs.
1. The Regional Manager, Bajaj Allianz General Insurance Company Ltd.Macmet Building, !0B, O.C. Ganguly Sarani (Lee Road.) Ground Floor, Kolkata-20. Present Add. Poddar Court, Gate No.3, 7th floor, 18, Rabindra Sarani, Kolkata- 700001. PS. Barabazar.2. United Bank of India.Through the Chief Manager, 15C, Hemanta Basu Sarani. Kolkata- 700001. PS. Hare Street.
...........Respondent(s)
For the Appellant :
Mr. Anal Kumar Ghosh.Mr. Mohit Chatterjee., Advocate for
For the Respondent :
Mr. N. R. Mukherjee. Mr. Rupak Banerjee. , Advocate
Dated : 16 Dec 2009
ORDER
No. 5/16.12.2009.
HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.
Complainant through Mr. Anal Kumar Ghosh, the Ld. Advocate and O.P. No. 1 through Mr. N. R. Mukherjee, the Ld. Advocate are present.As it appears that the complaint has been wrongly framed not only in the prayer portion in which issuance of writ of mandamus has been asked for, it appears that contents also require certain modification.It also appears that the cause of action has been stated to have arisen on 28.10.2008 when the O.Ps assessed the claim and sent money as assessed to the O.P. No. 2, the limitation having not affected the claim yet the prayer has been made on behalf of the Complainant for liberty to withdraw the same and to file fresh complaint.Accordingly, in the interest of justice this complaint is dismissed as withdrawn and Complainant is granted liberty to file fresh complaint on the same cause of action in appropriate manner.
MR. A K RAY, Member
HON'BLE JUSTICE ALOKE CHAKRABARTI, PRESIDENT
MRS. SILPI MAJUMDER, Member
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