Court Order, HDFC ERGO’s Petition is Devoid of Merits, Rejected

DCDRF North 24 Paraganas Barasat Kolkata-700126.

Complaint Case No. CC/353/2022

RATUL AICH Vs. HDFC ERGO GENERAL INSURANCE COMPANY LIMITED

BEFORE:

HON’BLE MR. Daman Prasad Biswas PRESIDENT
HON’BLE MR. Sri Abhijit Basu MEMBER

PRESENT:

Dated: 31 Oct 2023

Order
DIST. CONSUMER DISPUTES REDRESAL COMMISSION NORTH 24 Pgs., BARASAT.

C.C. №353/2022

PRESENT
:- Sri Daman Prosad Biswas………President.
:- Sri. Abhijit Basu………………. Member.

Order №11

Dated. 31.10.2023

Today is fixed for hearing the petition filed by O.P №2. Complainant in person is present. Ld. Advocate for the O.P №2 is present. Petition dated 11/08/2023 filed by O.P №2 is taken up for hearing. Heard both sides. During hearing Complainant raised strong objection.

Perused the petition dated 11/08/2023 filed by the O.P №2.

O.P №2 filed the said petition under order VII rule XI (D) C.P.C r/w Section 151 C.P.C.

He stated in the petition that another case vide no. C.C./354/2022 is also pending between the same parties. He further stated that subsequent case no. i.e. C.C./354/2022 is barred by principles of res sub-judice i.e. res judicata. He prays for dismissal of case no. C.C./354/2022.

In this context we have carefully gone through Section 38(9) of C.P. Act, 2019. In the said provision, it has clearly mentioned what provisions of Civil Procedure Code be followed by District Commission under C.P. Act, 2019. It is clear before us that the relief which has been claimed by the O.P №2 cannot be granted by the District Commission under C.P. Act, 2019.

Accordingly, we find that the aforesaid petition, filed by O.P №2 is unknown to C.P. Act, 2019. Hence, we find that the aforesaid petition, filed by O.P №2 is devoid of merits.

Hence,

It is ordered:-
That the petition filed by the O.P №2 on 11/08/2023 is considered and rejected.

To 31/01/2024 for filing evidence by the Complainant.

Member President
[HON’BLE MR. Daman Prasad Biswas] PRESIDENT
[HON’BLE MR. Sri Abhijit Basu] MEMBER

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