Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member
Heard Mr.A.S.Vidyarthi-Advocate for the appellant and Mr.R.S.Chahal-Advocate for the respondent.
This appeal takes an exception to an order dated 31/03/2010 passed in consumer complaint no.131/2008, Asha Yashwant Shinde v/s. TATA AIG General Insurance Co.Ltd.; passed by the District Consumer Disputes Redressal Forum, Thane (‘forum’ in short). It is a consumer complaint pertains to alleged deficiency in service on the part of Insurance company repudiating the claim, which arose out of the accident of late Sameer Shinde, who was driving the Motor cycle Hero Honda no.MH-01-EA-3344. In the said accident Sameer Shinde as well as pilon rider Nilesh Rajesh Ghede died. Issue involved is about as to whether Sameer Shinde was driving the vehicle under the influence of alcohol at the time of accident since it was the cause on the basis of which the claim stood repudiated. When we made enquiry from both the parties as to what nature of evidence is lead on their behalf to establish these facts, both the parties fairly conceded that no evidence u/sec.13(4) of the Consumer Protection Act, 1986 is lead in the instant case and they want opportunity to lead their respective evidence as per provisions of section 13(4) of the Consumer Protection Act, 1986. We find that to settle the dispute justly, properly and to do substantial justice, such opportunity need to be given to both the parties. Under the circumstances, we hold accordingly and pass following order:-
ORDER
Appeal is allowed.
Impugned order is set aside and the matter is remitted back in the light of observations made in the body of the order. On appearance of parties before it, the forum shall give opportunity to both the parties to lead evidence as per section 13(4) of the Consumer Protection Act, 1986 and, thereafter, settle the dispute according to law. Both the parties shall appear before the forum on 14/11/2011. Forum shall decide the dispute expeditiously and in any case within three months from the date of appearance before it.
In the given circumstances, no order as to costs.
Copies of the order be furnished to the parties.
Pronounced on 12th October, 2011.
