West Bengal

Birbhum

MA/25/2024

Biuti Gorain W.O. Lt. Kajal Mandal - Complainant(s)

Versus

Achintya Chattapadhyay - Opp.Party(s)

29 Feb 2024

ORDER

Shri Sudip Majumder- President-in-charge.

            Today is fixed for passing of order in respect of hearing on temporary injunction petition.

Both the parties files hazira through their respective Ld. Advocates. Already heard Ld. Advocates for the both sides.

            One application in respect of the maintainability of the instant case has already been filed by the OP/LICI.  The same has been registered as M.A. Case being No. 25/2024. Record is now taken up for passing of order.

            Perused the petition. Considered. From the content of the petition it appears that the OP/LICI intends to state that the instant case filed by the complainant is not maintainable either in law or in fact in its present form. Further the stated that the dispute in question is purely in civil nature and shall be adjudicated by a competent Ld. Civil Court having territorial jurisdiction. The dispute in question of this case is in no way consumer related as there is/was no consumer relation among the parties to the case and as such the instant case is liable to be dismissed. The Ld. Advocate for pro-OP No. 3/Parbati Mondal also submit as per submission of Ld. Advocate for OP/LICI.

 

Complainant files written objection against the petition filed by the OP/LICI on maintainability ground. Ld. Advocate for the complainant submitted that the petitioner filed this case as per provision of law of inheritance after the death of her husband and for that the petitioner and her son became the legal heirs of her deceased husband. Accordingly, the petitioners become the owner of the policy No. 465996633 of LICI of late Kajal Mondal. Thus the petitioners are the beneficiary of the said policy as well as consumer under OP/LICI. So, the complaint is well maintainable before this Commission.

            In this respect we are of the view that the petitioners happen to be the legal heirs of the deceased in insured. Simply because the nomination is in name of the mother of the insured, it cannot take away the right to sue of the petitioners. Naturally, the case is very well maintainable in its present form.

            Hence, the petition filed by OP/LICI on maintainability ground being M.A. Case being No. 25/2024 is considered and rejected on contest without any cost.

            Thus the M.A. Case being No. 25/2024 is disposed of.

            Fix. 01/04/2024 for filing evidence-in-chief by the complainant.

Copy of this order be supplied to the parties each at free of cost.