ORDER

Being aggrieved by and dissatisfied with the order No. 22 dated 17.02.2023, passed in CC/86/2020 by the Ld. DCDRC, Birbhum regarding the order of fixing of the Ex-parte haring of the CC/86/2020, pending before the concerned DCDRC, Birbhum, the OP No.

1 of the said CC/86/2020, Oriental Insurance Co. Ltd. has preferred this Revision Petition as per scopes of Sec. 47 (1) (b) of the C.P. Act of 2019, praying for passing necessary order for setting aside the impugned order No. 22 dated 17.02.2023 passed in CC/86/2020 since the said order, so impugned in this Revision Petition, suffers from error apparent and material irregularity.

This is specific case of the Revisionist/Petitioner that the complainant of CC/86/2020 Basudev Kabiraj had his claims vide his medical claim pressed on the basis of his feaung a PNB-Oriental Royal Mediclaim Policy being No. 313102/48/2018/4180 with Revisionist is treated in his favour, vide his paid premium of Rs. 7173/- PA towards the revisionist, and such claim submitted by him for realization of Rs. 1,23,474/- incurred by him, for his eye operation, was not reimbursed by the Revisionist for some specific causes of leading to the repudiating such medical claim of Basudeb Kabiraj. Against that Basudeb Kabiraj filed CC/86/2020 on 07.12.2020. In that complaint case vide impugned order No. 22 dated 17.02.2023, the Ld. DCDRC was pleased to run the said case ex-parte against all the Ops impleaded therein. Out of those Ops of CC/86/2020, the present revisionist/petitioner has assailed the impugned order No. 22 dated

17.02.2023 passed in CC/86/2020, on the grounds that the impugned order suffers from error apparent and it is against principle of naturals justice, and meritlessly passed with haste so the same is deserving to be set aside, having regard to the fact that if the Revisionist is not allowed to be heard, by running the CC/86/2020 to be heard and determined ex-parte, that will cause irreparable loss to the Revisionist which deals with Public money. It is also pressed by the Revisionist that the said impugned order No. 22 dated 17.02.2023 was passed in CC/86/2020, without assessment of the situation existing.

In the premises, the Revisionist/OP of CC/86/2020 has preferred the instant Revision Petition, seeking setting aside the impugned order No. 22 dated 17.02.2023, passed in CC/86/2020 to run the said Complaint Case ex-parte against the Ops of the said complaint case, the Revisionist presses this Revision so that the Revisionist/OP of CC/86/2020 may get a chance to contest in CC/86/2020, as it has merits to contest in that CC/86/2020.

POINT FOR CONSIDERATION It is to be taken into consideration and determination as to whether the impugned order No. 22 dated 17.02.2023 passed in CC/86/2020 deserves any interference to be set aside or the same deserves no such intereference as the same is sustainable in the eye of law and thereby unassailable.

Decision with reasons It appears from the available materials on record that on 07.12.2020, the complainant of CC/86/2020 i.e. the OP of this Revisionist/Petitioner, Basudev Kabiraj had filed CC/86/2020 in consonance with the scopes of Sec. 35 of the C.P. Act of 2019 against the Revisionist of this Revision Petition i.e. PNB Oriental Insurance Company besides against the Branch Manager, PNB, Suri and Medi Asstt. Insurance TPA Pvt.

Ltd. for the repudiation of his medical claim seeking reimbursement of his medical bills of Rs. 1,23,474/-, insured by him for his eye treatment, since it is claimed by the complainant that the complainant had purchased Medical Insurance Policy from the concerned PNB Oriental Insurance Company and the said mediclaim policy was in force, legal and validly enforceable when his such claim was made with no ground for repudiating such claim. It is forthcoming from the available materials on record of CC/86/2020 that ample scopes were given to the Ops of the said CC/86/2020 to appear and contest in the said CC/86/2020, but in vain since even on