Sri Shyamal Gupta, Member

The complaint case bearing no. CC/47/2017, initiated by the Appellant since been dismissed by the Ld. District forum, North 24 Parganas vide its order dated 27-11-2018, aggrieved with such decision, this Appeal is preferred.

The complaint case was filed over repudiation of Appellant’s insurance claim pertaining to breaking of the glass top of a table of the Appellant.

Parties were heard and documents on record carefully gone through.

It is the case of the Appellant that due to external means and force, not within the physical control of the Appellant, the glass top of the dining table broken down. 

The Respondent stated in its WV that, in course of inspection, a joint inspection report/minute was prepared by the Surveyor noting inter alia the fact that the table top had broken down on its own.  The said report was signed by the son of the Appellant besides the Surveyor.

Such rival contentions of the parties notwithstanding, fact of the matter remains that the Appellant has miserably failed to adduce any corroborative/tangible proof in support of his above mentioned contention.

In course of adjudication, a Court of Law always goes by the available documents/tangible proof/evidence being advanced by respective parties.  No such material proof being adduced on behalf of the Appellant, it was futile on his part to expect any relief in the case.

Looking from this perspective, the Ld. District Forum hardly had any other alternative than to dismiss the case which it did quite rightly. 

There is no merit in this Appeal and accordingly, it is dismissed.  In the facts and circumstances of the case, however, we make no order as to costs.