Sri Shyamal Gupta, Member

This Appeal is directed against the order dated 09.01.2017 of the Ld. DCDRC, Kolkata—II (Central) passed in CC/483/2016 by the Appellant/OP.

Skipping the details of the Complaint Case it be stated that over the issue of traffic accident, Complainant’ lorry was damaged, from which claim was filed before the OP/Insurance Company and the same was repudiated. Thereby complaint lodged case before Ld. DCDRC wherein Ld. DCDRC allowed the Complaint Case ex parte.

Perused the BNA submitted by both sides.

Now the observation of Ld. DCDRC in Order No. 09.01.2017 is as follows:-

“(i) The Complainant has not mentioned anywhere in her petition of complaint that the date of purchase of vehicle for the reason best known to the Complainant. (ii) The Complainant has claimed an amount of Rs. 9,10,000/- as claimed amount against damaged vehicle. We are not given to understand why the Complainant has claimed such a big amount when the price of the vehicle is Rs. 7,57,666/-. We also find that the Complainant has not filed any estimate of repair from any garage before us. So, it becomes increasingly difficult on our part to ascertain the cost of repair. The Complainant has not filed any estimate of any garage or service centre/automobile shop in this regard. No surveyor has also been appointed from the side of the OP for ascertaining the actual cost of repair. (iii) None came from the side of the OP to contest the case.”

Apart from that there is a dispute regarding the name of actual driver on the fateful day i.e. 30.03.2014.

In view of the said premises, the order dated 09.01.2017 is not sustainable in the eye of law. The case is remanded back to Ld. DCDRC for taking fresh adjudication over the matter after taking evidence/documents from both sides. Thus the Appeal is allowed in part.