Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member:

          This appeal is directed against the order dated 3.4.2010 passed in consumer complaint No. 313/2009 (Mr. Shashank Jadhav V/s The Branch Manager, Cholamandalam MS General Insurance Co.Ltd. passed by the District Forum, Thane.  The consumer complaint pertains to deficiency in service on the part of the Insurance Co. in repudiating the claim against the loss of vehicle which was stolen.  The Forum below accepts the contention of the Complainant and awarded compensation and Opponent, in fact, the Insurance Co. challenged the same in this appeal.

          We heard both the parties.

          In the instant case, Ld. Counsel for the appellant relies upon the statement made to their investigator by Mr. Sudhir D. Dalvi who is a brother-in-law of the original complainant and the vehicle was in use.    Forum rightly observed that the statement given to the investigator and the report of the investigator cannot be relied in absence of any proof thereof. There is no affidavit of investigator.  Against this, besides his own affidavit, the  Complainant also filed affidavit of Mr. Sudhir Dalvi which supports the case of the Complainant, that his ownership and possession of the vehicle were never surrendered in favour of Sudhir Dalvi.  There is no evidence in rebuttal led by the  insurance company.

          Considering these aspects,  we find no reason to take different view than what is taken by the Forum and thus,  finding the appeal devoid of any merit, the following order is passed :

                                                O R D E R

          Appeal stands dismissed.

          No order as to costs.

Pronounced dated 16^th June 2011.