Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:
(1) This appeal takes an exception to an order dated 16.03.2009 passed in Consumer Complaint No.239/2005, Shri Ramji Gupta V/s. TATA AIG General Insurance Co.Ltd., by Consumer Disputes Redressal Forum, South Mumbai District (‘the Forum’ in short).
(2) It is the case of accident of a car bearing No.MH-06-T-7061 which took place on 21.03.2004 and an insurance claim was made but it stood repudiated by the Respondent/original Opponent (hereinafter referred to as the ‘Insurance Company’ in short) on the ground of breach of good faith and that a material fact relating to the earlier insurance was not disclosed. The Forum upholding the claim of the Complainant, partly allowed the complaint and granted relief awarding compensation of `27,934/- for repairs, and in addition to it `5,000/- were awarded as further compensation and `5,000/- as cost. We are told at Bar that Insurance Company has not preferred any appeal. However, not satisfied with the impugned order, the complainant came in appeal.
(3) Admitted and heard forthwith with the consent of both the parties.
(4) In the instance case, the Forum awarded the claim to the extent of bills submitted of Ashok Automotive Sales & Services Pvt. Ltd. of `27,934/- and receipt dated 06.10.2004. The another bill of Pandit Automotive Pvt. Ltd., amounting to `78,011/- was not accepted by the Forum stating that Complainant failed to establish the same. We asked Ld.Counsel for the Appellant/original Complainant what sort of evidence was adduced on his behalf. He could not point any evidence. Mere production of copy of bill is not an evidence adduced u/section 13(4) of the Consumer Protection Act, 1986.
(5) Appellant submitted that he wants to rely upon the survey report which is not produced by the Respondent as per the direction of the Commission. Since, admittedly, said survey report was not part and parcel of the Forum’s record and it was not tendered in evidence at all before the Forum; we find it not necessary to collect additional evidence, on our own, in an appeal.
(6) In the circumstances, we find no reason to take different view than what has been taken by the Forum in respect of bill of Pandit Automotive Pvt. Ltd., supra. Thus, finding the appeal devoid of any substance, we pass the following order:
O R D E R
(i) Appeal stands dismissed.
(ii) No order as to costs.
(iii) Inform the parties accordingly.
Pronounced on 5th April, 2011.
