DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M.A. No-161/2019
Arising out of C.C. NO-72/2018
Date of Filing: Date of Disposal:
19.03.2019 19.03.2019
Complainant:- Sri. Asish Kumar Roy Chowdhury,
S/o Late Anadi Nath Roychowdhury,
33/5, School Road, Natunpukur, P.O. & P.S.-Barasat,
Kolkata-700 124, District-North 24 Parganas,
West Bengal.
=Vs=
Opposite Parties:- 1. The Divisional Manager,
United India Insurance Company Limited,
Division-IV, Brabourne Road, 3rd Floor,
Kolkata-700 001.
2. Medicare TPA Services (I) Private Limited,
Flat no-10, Paul Mansions, 6B Bishop Lefroy Road,
Kolkata-700 020.
3. Vidal Health TPA,
33A, 6th Floor, Chatterjee International Centre,
Jaharlal Nehru Road, Kolkata-700 071.
4. UCO Bankj, Beliaghata Branch,
P.O.-Beliaghata Bridge, P.S.-Deganga,
District-North 24 Parganas, Pin-743423.
5. UCO Bank, Zonal Office,
3 & 4 DD Block, Sector-1, Salt Lake City,
Kolkata-700 064, District-North 24 Parganas.
P R E S E N T :- Sri. BankimChandraChattopadhyay……………...President.
:- Smt. SilpiMajumder ………………………………Member.
:- Smt.MonishaShaw …………………………………Member.
ORDER No-05
This order is arising out of the MA being no-161/2019 filed by the OP-4 and 5 in the consumer complaint no-72/2018 praying for vacating the order dated 03.12.2018.
In the application the OP-4 and 5 have stated that the said OPs entered appearance in the instant complaint by filing vokalatnamam on 20.06.2018. The OP-5 was served with a copy of the complaint on 15.03,2018. The last date was fixed for filing written version by the OP-4 and 5 on 03.12.2018, but due to wrong posting in the diary the OP-4 and 5 could not present on 03.12.2018. According to the said OPs there was no intentional laches on their parts for filing written version. As the reason was beyond their control they could not file the same. Under this circumstances the OP-4 and 5 have prayed for condonation of delay along with provide a chance for filing written version. According to the OP-4 and 5 if this application is not allowed they will suffer irreparable loss and injury and the said OPs have prayed for allowing the instant application.
Cont……………2
:2:
M.A. No-161/2019
Arising out of C.C. NO-72/2018
Upon careful consideration of the content of the application filed by the OP-4 and 5 we have noticed that after admission of this complaint notices were issued to the OPs. On 20.06.2018 the OP-4 and 5 were appeared by filing vokalatnama. As per prayer of the said OPs time was given for filing written version on 03.12.2018. But on 03.12.2018 the said OPs remained absent without taking any step, no written version was forthcoming from the OP-4 and 5. The Ld. Forum was pleased to observe that since appearance of the OP-4 and 5 before this Ld. Forum as the statutory period was over; hence the Ld. Forum was pleased to pass an order that the complaint will run exparte against the OP-4 and 5. By filing this application the OP-4 and 5 have prayed for vacating the order dated 03.12.2018. In this respect we are to say that this Ld. Forum is not empowered either to review or recall its own order. So having no power to vacate our own order, we are not in a position to vacate the order dated 03.12.2018 passed by this Ld. Forum. Therefore the prayer as made out by the OP-4 and 5 should not be allowed.
Hence it is ordered that the MA being no-161/2019 is hereby dismissed without any cost.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Member Member President
Dictated & Corrected by
