1.   This appeal under section 19 of The Consumer Protection Act, 1986 is in challenge to the Order dated 31.01.2020 of the State Commission in complaint no. 44 of 2016.

2.   We have heard the learned counsel for the appellant (the ‘insurance co.’) and for the respondent no. 1 (the ‘complainant’) and have perused the record.

3.   The State Commission vide its Order dated 31.01.2020 dismissed an interlocutory application filed by the insurance co. which sought to place two affidavits on record.

The relevant portion of the said interlocutory application is being extracted below for reference:

2. That in the aforesaid case the Non-Applicant is tendering affidavit of company surveyor Shri Samundar Singh in the case before the court of law. Additionally, the Non-Applicant is also submitting affidavit of Rahul Sringarpure on behalf of the company.

3. That both the aforesaid affidavits are highly essential for the appropriate and justified settlement of the case. If the aforesaid affidavits are not taking on record then the Non-Applicant company shall suffer with irreparable loss.              

The Order of the State Commission vide which it dismissed the application is also being reproduced for reference:

     Shri Yash Vidyarthi, learned counsel for complainant.

     Shri Amit Tiwari, learned counsel for opposite parties.

We find no ground to allow I.A.-1, application filed by opposite parties at belated stage, that too, after filing of rejoinder. Application is therefore dismissed.

     Opposite parties to file paper books within four weeks.

     List on 28.3.20.         

4.   Learned counsel for the insurance co. submits that it wanted to file two affidavits, one of the surveyor and the other of an official, since the same were relevant and material for the adjudication of the case. But its application was cursorily dismissed by the State Commission.

Learned counsel for the complainant submits that the application was rightly dismissed by the State Commission since it was filed belatedly and after the filing of the rejoinder.

Both learned counsel inform that final arguments in the case have as yet not been heard by the State Commission.

5.   We see that the State Commission has not examined the aspect of relevance of the affidavits to the lis but has rather dismissed the application with a passing observation that it has been filed at a “belated stage” and “that too” after “filing of rejoinder”. The affidavits are of the surveyor who conducted the survey in respect of the claim in question and of an official of the insurance co. Final arguments have as yet not taken place. We do not readily understand the objection of the State Commission in respect of the affidavits being filed after the filing of the ‘rejoinder’ by the complainant. The two affidavits are obviously part of the evidence the insurance co. wants to tender. An opposite party normally files its evidence only after the rejoinder has been filed by the complainant. Be that as it may, in the interest of justice, for the due holistic adjudication of the case on its merits, considering that final arguments have as yet not been heard, we find nothing wrong in the application being allowed and the two affidavits being taken on record but with concomitant opportunity to the complainant to file his evidence in rebuttal thereto. 

6.   As such the interlocutory application vide which the two affidavits were sought to be placed on record shall be treated as being allowed and the affidavits shall be taken on record on the next date of hearing before the State Commission. The complainant shall have opportunity to file his evidence in rebuttal thereto within a period of four weeks thence. The case shall then be proceeded with as per the normal wont and decided on its merits as per the law.

The parties are directed to appear before the State Commission on 05.06.2023.               

7.   The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel immediately. It is also requested to forthwith communicate this Order to the State Commission by the fastest mode available. The stenographer is requested to upload this Order on the website of this Commission immediately.