West Bengal

Birbhum

MA/54/2024

Ezaz Ahamed - Complainant(s)

Versus

Tata AIG General Insurance Company Ltd - Opp.Party(s)

26 Apr 2024

ORDER

Shri Sudip Majumder- President-in-Charge.

            Today is fixed for passing order in respect of the amendment petition filed by OP Nos. 1 & 2/Tata AIG General Insurance Co. Ltd. This petition is also served to the complainant side. Both parties are present. Already heard Ld. Advocates for both parties.

            One petition filed by the OP Nos. 1 & 2/Tata AIG General Insurance Co. Ltd. dated 02/02/2024.

The same has been registered as M.A. Case being No. 54/2024. Record is now taken up for passing of order.

            Perused the petition. Considered. From the content of the petition it appears that the OP Nos. 1 & 2/Tata AIG General Insurance Co. Ltd. intend to state that the ops received the summon/notice from this Commission on 16/10/2023 at Durgapur office which was our servicing office but the registered office of the Manager is in 2^nd Floor, Constantia Building, 11, Dr. UN Brahmachari Road, Kolkata-700017 West Bengal. But, due to non-service of summon this OP could not communicate with the Ld. Advocate for appearing in this case. On 17/12/2023 it has been ordered to run this case exparte against the OP members.

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It is the submission of Ld. Advocate for OP Nos. 1 & 2/Tata AIG General Insurance Co. Ltd. that it is the responsibility of the complainant to send the notice/summon to the Manager of the OP/Insurance Company at the proper address.

            Heard both sides. No objection raised by the complainant’s side.

            In view of this Commission, it was a mistake on the part of the complainant that he did not send the notice to the Manager of OP/Insurance Company at the correct address. Hence, under such circumstances, the notice needs to be sent to OP /Tata AIG General Insurance Co. Ltd. at correct address.

            As per Sec. 40 of the C.P. Act, 2019 we review our previous order vide No. 06 dated 07/12/2023.

            Hence, the petition filed by OP Nos. 1 & 2 being M.A. Case No. 54/2024 is considered and allowed on contest without any cost. The complainant is directed to file a fresh step upon the Manager, Tata AIG General Insurance Co. Ltd. at proper address and change the address Manager, Tata AIG General Insurance Co. Ltd. in the cause title of this case.

Thus the M.A. Case being No. 54/2024 is disposed of.

            Fix. 21/05/2024 for compliance by the complainant.

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