ORDER :- (Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member) (1) Appellant is absent in spite of intimation of date fixed sent to the appellant on 11/05/2012. We, therefore, heard the present parties i.e. respondent No.1 on merit. (2) This appeal takes an exception to an order dated 07/09/2002 passed in Consumer Complaint No.383/2001, Shri D.D.Naik Vs. M/s.The New India Assurance Company Ltd., passed by District Consumer Disputes Redressal Forum, Thane (‘Forum’ in short). It is a case of repudiation of claim by respondent, M/s.The New India Assurance Co.Ltd. (Hereinafter referred to as ‘insurance company’) in connection with vehicle which was subjected to accident. Appellant/complainant himself is a practicing lawyer. While settling the dispute, the forum allowing the complaint partly directed the insurance company to re-consider the claim within one month from the date of receipt of the impugned order after taking into consideration the medical certificate submitted by the complainant. However, not satisfied with the said order, the complainant preferred this appeal. (3) Since the new material by way of medical certificate was introduced, the forum perhaps was right in directing the insurance company to re-consider the claim. This order cannot be faulted with and certainly the complainant has no right to come in the appeal to challenge the order passed by the forum, since he himself has come with new material prior to its rejection. Under the circumstances, the appeal is devoid of any substance and holding accordingly, we pass the following order. ORDER (1) Appeal stands dismissed. (2) Parties to bear their own costs. Pronounced on 25th July, 2012 |