Sri Shyamal Gupta, Member

Aggrieved over dismissal of his complaint case by the Ld. District Forum, this case is filed by Sri Mukesh Roy, the Complainant of complaint case no. CC/119/2017.

In a nutshell, case of the Complainant before the Ld. District Forum was that his insured car met an accident on 18-02-2015 resulting which the said car suffered damage.  He intimated the OP about such peril on the very next day.  The Insurance Company duly appointed a Surveyor to cause inspection.  Afterwards, the Surveyor impressed upon the Complainant to settle the matter after accepting Rs. 1,00,000/- which, however, was not acceptable to him.  The Insurance Company carried out second inspection of the damaged car and afterwards most arbitrarily repudiated his claim; hence, the complaint case.

It appears from the impugned order that the instant case was dismissed at the admission stage itself without giving sufficient opportunity to the Appellant to prove his case.  This is not appreciable.

Perusal of case record gives the impression that a prima facie case has been made out by the Appellant. Accordingly, it seems to me that the fate of the case should be decided only after hearing both sides.

It is not understood, why the Forum below was in such a tearing hurry to dispose the case that it decided the fate of the case at the admission stage itself.  No doubt, gross injustice has been meted out to the Appellant, who has been deprived of due privilege to prove his case. In the interests of natural justice, I am, therefore, inclined to remand the case to the Ld. District Forum for fresh adjudication of the same after hearing both sides purely on its merit.

The Appeal, accordingly, succeeds.

Hence,

O R D E R E D

The Appeal stands allowed.  We set aside the impugned order.  Parties to appear before the Ld. District Forum on 26-12-2018 for fresh adjudication of the case on merit.