West Bengal

StateCommission

FA/08/10

The New India Assurance Co. Ltd. - Complainant(s)

Versus

Tulu Chanda. - Opp.Party(s)

Sri N. R. Mukherjee.

26 Sep 2008

ORDER


STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGAL.
BHAWANI BHAWAN (Gr. Floor) , 31 Belevedre Road , Kolkata – 700027
Appeal(FA) No. FA/08/10

The New India Assurance Co. Ltd.
The India Assurance Co. Ltd.		 ...........Appellant(s)

Vs.

Tulu Chanda.
Golden Trust financial Services.		 ...........Respondent(s)


BEFORE:
1. JUSTICE ALOK CHACKRABORTY 2. S N BASU 3. SMT. SILPI MAJUMDER

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


For the Appellant :


For the Respondent :




ORDER

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HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

 

Order No. 13/26.09.2008.

 

Appellant through Mr. N. R. Mukherjee, the Ld. Advoate, Respondent No. 1 through Miss Roychoudhuary, the Ld. Advocate and Respondent No. 2 through Mr. B. Mondal, the Ld. Advocate are present.  Heard the Ld. Advocates for the parties.  The parties are contradicting each other on all points expcept that on point all the parties are agreeing that the matter has been decided by the Lower Forum without any evidence whatsoever.  As we are of the opinion without any evidence matter could not be decided on merit by the Forum below, the impugned order is hereby set aside and the matter is sent back to the Forum below for granting opportunity to the parties to examine their witnesses and thereby to decide the matter in accordance with law.  Appeal is allowed with the aforesaid extent.  No order as to cost.




......................JUSTICE ALOK CHACKRABORTY
......................S N BASU
......................SMT. SILPI MAJUMDER