Maharashtra

StateCommission

A/02/1638

Mr. D. D. Naik - Complainant(s)

Versus

M/s. The New India Assurance Compay Ltd. - Opp.Party(s)

Mr. R. P. Gonsalves

25 Jul 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/02/1638
(Arisen out of Order Dated 07/09/2002 in Case No. 383/2001 of District Thane)
 
1. Mr. D. D. Naik
F/21, Prabhukripa Nagar, Opp. New Petrol Pump, Barahmpur, Vasai Road, Vasai (W), Dist. Thane - 401 202.
Thane
Maharashtra
...........Appellant(s)
Versus
1. M/s. The New India Assurance Compay Ltd.
Sushila Bhavan, 1st floor, Dhuriwadi, Vasai Road, Vasai (W), Dist. Thane - 401 202.
Thane
Maharashtra
2. The Branch Manager, M/s. The New India Assurance Company Ltd.
Sushila Bhavan, 1st floor, Dhuriwadi, Vasai Road, Vasai (W), Dist. Thane - 401 202.
Thane
Maharashtra
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:
None
......for the Appellant
 
Adv.Kalpana Trivedi
......for the Respondent
ORDER

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

 

 
 
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.