Sri Shyamal Gupta, Member

This Appeal is directed against the order dated 08.11.2017 of the Ld. DCDRC, Maldah passed in CC/31/2016 by the Complainant/Appellant.

The fact of the Complaint Case is that over theft of a vehicle under insurance to O.P/Respondent, a claim was bought from the O.P, but the same was turned down. Over the issue the Complaint Case was filed before Ld. DCDRC on 28.04.2016 and finally by an ex parte hearing the case was dismissed.

Being aggrieved with the said order dated 08.11.2017, the instant Appeal was filed.

Heard both sides over the matter.

Perused the observation of Ld. DCDRC dated 08.11.2017 which speaks as follows:-

“Neither the Complainant has filed any copy of FIR, nor the final report by the police in FIR No. 602/2015. The Complainant has failed to prove by any document that he had made communication with O.P. and shows no document that the O.P has repudiated the claim made by the Complainant. The Complainant has not made any submission with regard to the basis of his claim nor he has filed any document to show that he had insured his vehicle with Bajaj Allianz. So the Complainant failed to prove his case and is not entitled to get any relief as prayed for.”

In view of the said premises the liberty is given to both sides to adduce evidence in support of their respective contention before the Ld. DCDRC.

Hence,

Ordered

The Appeal is allowed in part. The case is remanded back to Ld. DCDRC for fresh adjudication in view of the above observation.