ORDER

 16-01-2018

S.K. SINHA, PRESIDENT       

                   The order dismissing the complaint is under challenge.

The complainant claims loss of goods of his Kirana shop in the flood which came in his area on 11.07.2004 damaging entire goods of his shop. The opposite party denied the claim since complainant could not substantiate the loss by any acceptable evidence. Initially the complaint was allowed as per the order dated 02.09.2008 however on appeal the order was set aside by the State Commission as per its order dated 10.07.2015 in appeal no. 436 of 2008 since the order could not be supported by evidence. The matter was remanded for passing order fresh on the basis of the evidence to be adduced by both the parties. After remand none of the party adduced further evidence. The District Forum for having found that on the basis of materials already on record the State Commission had set aside previous order dated 02.09.2008 passed by the District Forum allowing the complaint. The District Forum further found that the complainant did not produce any documents either before the surveyor or the District Forum in support of his claim. No material was produced for assessing the loss if any. The complaint was as such dismissed.

     Appellant as also respondent both filed respective written notes of argument in support of their case.

     We have considered the matter, material on record as also the impugned. It could not be controverted that no further evidence was adduced on behalf of the either of the parties after the matter was remanded by this commission. The District Forum for having found that no document including the stock register the voucher evidencing purchase of the articles in the shop nor the stock statement submitted to the bank for a period immediately prior to flood was brought on record. In the other words no materials either before the surveyor deputed by the insurance company or before the forum was produced in order to establish the alleged loss. The affidavit filed by the villagers or Mukhiya on behalf of the complainant was rightly not accepted for assessing the loss.

 The District Forum has considered the matter in correct perspective.

We have no reason to take different view of the matter.

    In the result, the appeal stands dismissed.

 Renu Sinha                             Upendra Jha                                    S.K.Sinha                                                                 

 Member (F)                              Member (M)                                   President

Agam