Orissa

StateCommission

CC/78/2008

Sri Premananda Swain - Complainant(s)

Versus

Divisional Manager, National Insurance Company Limited - Opp.Party(s)

M/s. R. Sahu-3 & Assoc.

30 Nov 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Complaint Case No. CC/78/2008
( Date of Filing : 04 Aug 2008 )
 
1. Sri Premananda Swain
S/o: Sri Chintamani Swain, Vill.: Asarana, P.O: Pokharipada, Via: Tirana, Dist.: Jagatsinghpur
...........Complainant(s)
Versus
1. Divisional Manager, National Insurance Company Limited
Division No.XV, 18-Rabindra Sarani, Poddar Court, Gate No.4, 6th Floor, Kolkata- 700001
2. The Managing Director, Magma Srachi Finance Ltd.
Magma House, 24-Park Street, Kolkata- 700016
3. Sri Surajit Pattnaik
Recovery Manager, Magma Srachi Finance Ltd. At: Flat No. A/1, Nirmala Plaza, Forest Park, Bhubaneswar-9
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Dilip Kumar Mohapatra. PRESIDING MEMBER
 HON'BLE MR. Hemanta Kumar Mohanty MEMBER
 
PRESENT:M/s. R. Sahu-3 & Assoc., Advocate for the Complainant 1
 M/s. A.A. Khan & Assoc., Advocate for the Opp. Party 1
 M/s. R.K. Pattanaik & Assoc. (R-2&3), Advocate for the Opp. Party 1
Dated : 30 Nov 2022
Final Order / Judgement
In-spite of repeated calls, Complainant is absent. Learned Counsel for the Opp. Party No.2 and 3 are present. Call the matter after lunch.
 
3.10 P.M.
 
In-spite of repeated calls, Complainant is absent to-day.
 
Notice was issued to the Complainant on dt.17-03-2022, on receipt of the notice by the Complainant, Learned Counsel Mr. Srinibash Satpathy and P. K. Naik undertakes to file V. Nama on behalf of the Complainant vide order dt. 23-05-2022, thereafter Complainant was absent on dt. 05-08-2022, 12-08-2022, 09-09-2022, 27-09-2022, 10-10-2022, 17-10-2022, 21-10-2022 and 24-11-2022.
 
Learned Counsel for the Opp. Party No.2 & 3 is present and submitted that the loan account of the Complainant has been closed and NOC has been printed since 15-07-2008 and state Legal Manager, Poonawalla Fincorp Ltd. has filed affidavit enclosing the documents.
 
The Opposite Party No.1/National Insurance Company Ltd also filed evidence affidavit stating that the Complainant after the accident did not took any steps for repairing of the vehicle and the Financer of the said vehicle having repaired the vehicle and produced the documents, the settled amount was paid to the Financer  towards full and final settlement of the claim amount.
 
To-day neither the Complainant nor his counsel is present to proceed with the case.
 
Hence, the appeal is dismissed for non-prosecution.
 
 
[HON'BLE MR. Dilip Kumar Mohapatra.]
PRESIDING MEMBER
 
 
[HON'BLE MR. Hemanta Kumar Mohanty]
MEMBER
 

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