Date of filing: 25.02.2019 Date of disposal: 19.12.2019
Complainant: Gopal Rajak, S/o. Mahadev Rajak, resident of Vill: Satgachia, PO: Satgachia, PS: Memari, District: Purba Barddhaman, Pin – 713 422.
Opposite Parties: 1. The Branch Manager, ICICI Lombard General Insurance Co. Ltd., Burdwan Branch, having its office at 23, City Tower, 2nd Floor, G.T. Road, PO. & PS; Burdwan, District: Burdwan, PIN – 713 101.
2. The Director, ICICI Lombard General Insurance Co. Ltd., having its office at ICICI Lombard House, 414 Veer Savarkar Marg, near Siddhi Vinayak Temple, Prabhadevi, Mumbai – 400 025.
3. The Manager, Rudra Hundai, Burdwan, represented by its Manager, having its office at NH2, Goda, Opp. Of Krishna Cold Storage, PS: Burdwan, PO: Rajbati, District: Purba Barddhaman, PIN – 713 104.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Ms. Nivedita Ghosh.
Hon’ble Member: Shri Sailaranjan Das.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party Nos. 1 & 2: Ld. Advocate, Somnath Banerjee.
Appeared for the Opposite Party No. 3: Ld. Advocate, Subrata Ghosh & Debdas Rudra.
Order No. 12, Dated: 19.12.2019
The record is put up today on the strength of the put up petition filed by the complainant stating that one joint petition has been filed for compromise the case and for which the record should be placed before the Bench.
Ld. Counsel for the OP Nos. 1 & 2 files a petition stating that as per prayer of the complainant this OP is ready to settle the matter with a sum of Rs. 40,000=00 towards full and final satisfaction and the OP Nos. 1 & 2 deposits one A/c. Payee cheque bearing No. 641000, dated 25.11.2019 of Rs. 40,000=00 if favour of the complainant- Gopal Rajak towards full and final satisfaction and prayer is made to dispose/drop the present complaint. The petition is seen with ‘no objection’ by the Ld. Counsel for the complainant.
Today one joint petition is also filed by the contesting parties with verification by the complainant-Gopal Rajak stating that the instant case has been amicably settled at Rs. 40,000=00 between the parties out of Forum and the OP Nos. 1 & 2 –ICICI Lombard General Insurance Co. Ltd. deposited a cheque of Rs. 40,000=00 and the complainant is present in the Forum for withdrawing the same. Prayer is made to pass appropriate order by disposing the instant case on full and final settlement after delivery of the cheque in favour of the complainant.
Today the Complainant is personally present for withdrawing the said A/c. Payee cheque in his name and he is identified by his ld. Advocate. He has submitted self-attested photo copy of his Voter Identity Card (EPIC) along with its original. After verification the original is returned to the complainant. The complainant-Gopal Rajak also files one money receipt of Rs. 40,000=00 through Cheque being No. 641000, dated 25.11.2019 drawn on ICICI Bank issued in the name of the complainant-Gopal Rajak.
Regarding identification of the Complainant, doubt has not been cropped up and accordingly there is no bar to hand over the A/c. Payee cheque as mentioned for Rs. 40,000=00=00 to the Complainant.
As the instant complaint has been amicably settled by and between the parties out of this Forum and the complainant is praying for disposal of the present complaint after delivery of the cheque in favour of the complainant, therefore, the present complaint should be disposed of with full and final settlement.
Hence, it is
O r d e r e d
that the present Consumer Complaint being No. 38/2019 be and the same is disposed of with full and final settlement. There is no order as to costs.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Sailaranjan Das) DCDRF, Purba Bardhaman
Member
DCDRF, Purba Bardhaman
(Sailaranjan Das) (Nivedita Ghosh)
Member Member
DCDRF, Purba Bardhaman DCDRF, Purba Bardhaman
