State Consumer Disputes Redressal Commission
National Insurance Co. & Another vs Meenakshi Kanoria & Another on 6 February, 2019
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Revision Petition No. RP/133/2018 ( Date of Filing : 06 Sep 2018 ) (Arisen out of Order Dated 13/08/2017 in Case No. Complaint Case No. CC/253/2018 of District Kolkata-II(Central)) 1. National Insurance Co. & Another Head office, 3, Middleton Street, Kolkata - 700 071. 2. The Br. Manager, Tollygunge Br. 211/2a, Prince Anwar Shah Road, Kolkata - 700 033. ...........Appellant(s) Versus 1. Meenakshi Kanoria & Another W/o Lt. Surendra Kr. Kanoria, C1, 213, Salt Lake City, Kolkata - 700 091. 2. Medicare Insurance TPA Service (I) Pvt. Ltd. 6, Bishop Lefroy Road, Kolkata - 700 020. ...........Respondent(s) BEFORE: HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER For the Petitioner: Mr. Shyamal Sengupta, Advocate For the Respondent: Sovanlal Bera, Advocate Dated : 06 Feb 2019 Final Order / Judgement Sri Shyamal Gupta, Member
Aggrieved with the decision of the Ld. District Forum dated 13-08-2017, passed in CC/253/2018, this Revision is moved by the National Insurance Company Ltd.
By such petition, it is submitted by the Revisionists that on receipt of notice of the complaint case, they deputed an Advocate to defend their case before the Ld. District Forum on 16-07-2018. Thereafter, the WV was prepared, but the same could not be submitted on 07-08-2018 owing to preoccupation of the concerned Advocate. On the next day also, owing to incessant rain, the Ld. Advocate could not reach the Ld. District Forum in time. By the time, he reached there; already the ex parte was passed. Stating that there was no intentional laches on their part, they prayed for setting aside the said order.
At the time of hearing, Ld. Advocates for the Revisionists and Respondent no. 1 were present. The Respondent No. 2 did not turn up despite receipt of notice.
On due consideration of the averments of the parties and material on record and above all, keeping in mind the principles of natural justice, we deem it appropriate to accord due liberty to the Revisionists to defends their case before the Ld. District Forum. However, considering the harassment of the Respondent No. 1 for no fault of her, we hold the Revisionists liable to pay cost to the Respondent No. 1.
Hence, O R D E R E D The Revision stands allowed on contest against the Respondent No. 1 in part. The impugned order is set aside subject to payment of a cost of Rs. 5,000/- to the Respondent no. 1. Parties to appear before the Ld. District Forum on 06-03-2019 for payment of cost by the Revisionists to the Respondent No. 1. [HON'BLE MR. SHYAMAL GUPTA] PRESIDING MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER