Date of filing: 28.03.2019 Date of disposal: 02.07.2019
Complainant: Mr. Ashoke Nath Majumder, residing at Village & PO: Samudragarh, P.S. Nadanghat, District: Burdwan (Presently Purba Bardhaman), West Bengal, Pin – 713 519.
Opposite Party: 1. The Branch Manager, PNB Metlife India Insurance Co. Ltd., (Formerly known as Metlife India Insurance CO. Ltd.), 4/B/1 Salkia School Road, 2nd Floor, BL-I, Howrah – 711 106 (W.B.)
2. The Managing Director, Metlife India Insurance Co. Ltd., (Formerly known as Metlife India Insurance CO. Ltd.), No. 5, Brigade Seshmahal, Vani Vilas Road, Basavanagudi, Bangalore – 560 004.
3. Srabanti Majumder, Sales Manager, Agency Sales, Metlife India Insurance Co. Ltd., (Formerly known as Metlife India Insurance CO. Ltd.), 4/B/1 Salkia School Road, 2nd Floor, BL-I, Howrah – 711 106 (W.B.),
4. Mr. Monish Sinha, Senior Sales Manager, Metlife India Insurance Co. Ltd., 4/B/1 Salkia School Road, 2nd Floor, BL-I, Howrah – 711 106 (W.B.)
5. The Branch Manager, Axis Bank, Saptagram Kalna Katwa Road, Near New Bus Terminus, Ambika Kalna, PO. & PS: Kalna, District: Burdwan (presently Purba Bardhaman), Pin- 713 409 (W.B.).
Present: Hon’ble President: Smt. Jayanti Moitra (Ray).
Hon’ble Member: Ms. Nivedita Ghosh.
Appeared for the Complainant: Ld. Advocate, Chandrani Dey.
Appeared for the Opposite Party No. 1&2: Ld. Advocate, Debdas Rudra.
Appeared for the Opposite Party No. 5 : Ld. Advocate, Dipankar Ray.
Order No. 20, dated: 02.07.2019
This order is arising out of the Misc. Application being No. MA/29/2019 filed by the legal heirs of the deceased complainant in the C.C. No. 185/2017 with a prayer for substitution of the names of the petitioners as Complainants Nos. 1,2 & 3 in place of the deceased complainant Mr. Ashoke Nath Majumder.
The petitioners of this above mentioned M.A. stated that the complainant of this complaint during of this complaint unfortunately died intestate on 26.11.2018 leaving behind the petitioner No. 1 as his mother, the petitioner No. 2 as his wife/widow and the petitioner No. 3 as his only son. The petitioners being only the legal heirs and successors of the deceased complainant as per the Hindu Law of succession stepped into his shoes and also acquired the right to continue with the above complaint by substitution their names as complainant Nos. 1,2 & 3 in place of the name of the deceased complainant Mr. Ashoke Nath Majumder and prayer is made for substitution of the names of the petitioners as Complainants Nos. 1,2 & 3 in place of the deceased complainant Mr. Ashoke Nath Majumder and also allow them to continue with the present consumer complaint, otherwise the petitioners will suffer irreparable loss and injuries.
The Ops have raised no objection against the said application for substitution of the names of the Complainant Nos. 1,2 & 3 as legal heirs of the deceased complainant.
After hearing both sides we are of the opinion that as the complainant Mr. Ashoke Nath Majumder has died and the legal heirs of the decease complainant pray for substitution of their names as legal heirs for continuing the present Consumer Complaint, it is very much necessary to allow such petition for smooth running of the present complaint.
Hence, it is
O r d e r e d
that the Misc. Application being No. 29/2019 be and the same is allowed on contest without any cost.
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
(Jayanti Maitra (Ray) DCDRF, Burdwan
President
DCDRF, Burdwan
(Nivedita Ghosh)
Member
DCDRF, Burdwan
