02.08.2024: C.R is put up as directed vide last order.

In view of Order passed on 13.06.2024, the petition No.69/2023  filed by opp. party challenging maintainability of the case and objection thereof of the complainant on the same date is taken up for necessary order accordingly.

We have already heard the ld.counsel Mr S.K.Singh  for the petition No.69/2023.

Carefully scrutinized the plaint and the averments made there under together with the materials filed in support of the complaint and in conjunction with the petition No.69/2023 and objection thereto.

We find that the very plank or the basic elements of law of cause of action on which a complaint may rest, is absolutely missing in the case. In other words neither the fact of lodging any insurance claim nor repudiation of any sort, giving rise to any cause of action in the case, has been proved by the complainant with adequate evidence.

Even assuming the subsistence/existence of the concerned insurance policy and any eventuality thereof to the insured asset under the policy as alleged, alluding to letter dated 27.08.2019 of opp. party, but in absence of any evidence as to follow up of the said letter and consequent outcome thereto, giving rise to any cause of action inferable in the case, outrightly negate the tenability or maintainability of the case. In any case, law is well settled that the onus of proof lies on the complainant and complainant in the instant case has miserably failed to prove his case prima facie.

The point No.(ii) drawn in the order dated 21.12.2023 being answered in the affirmative as above, the point No.(i) is thus rendered otiose. The complaint is hit by maintainability and accordingly is dismissed in limine.

The case stands disposed of accordingly as above.