Haryana

Panipat

CC/142/2023

Rajpal Rathi - Complainant(s)

Versus

Star Health and Allied Insurance Company Limited - Opp.Party(s)

Shri Ashish Rathi

17 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
PANIPAT
 
Complaint Case No. CC/142/2023
( Date of Filing : 21 Apr 2023 )
 
1. Rajpal Rathi
S/o Sh. Raghubir Singh Aged 39 years R/o VPO Ganjbar, Tehsil & Distt. Panipat, Aadhar Card No. 597483138117.
...........Complainant(s)
Versus
1. Star Health and Allied Insurance Company Limited
Having its Branch off. 930/8, RJ Tower, 2nd Floor, G.T. Road, Opp. I.B. College, Panipat through its Branch Manager.
2. Star Health and Allied Insurance Company Limited
Having its Regd. & Corporate office 1, New Tanak Street, Valluvar Kottam High Road, Nungambakkam, Chennai through its authorized signatory.
............Opp.Party(s)
 
BEFORE: 
  Dr. R. K. Dogra PRESIDENT
  Dr. Rekha Chaudhary MEMBER
  Mr. Vinit Kaushik MEMBER
 
PRESENT:
Shri Ashish Rathi, Advocate for the complainant.
......for the Complainant
 
Shri Pratik Duhan, Advocate for opposite parties.
......for the Opp. Party
Dated : 17 Sep 2024
Final Order / Judgement

                 No evidence of complainant is present. A date is requested on behalf of the complainant, which is opposed. Heard. This case is continuing for evidence of the complainant from 25.10.2023 and today is last opportunity on payment of costs Rs.500/-. Even cost has not been paid by the complainant and no efforts has been made by the complainant to produce the evidence. Moreso, the complainant has already availed six effective opportunities including three last opportunities. Hence, there are no sufficient grounds for adjourning this case for the purpose of the evidence of the complainant. Hence, the evidence of the complainant is hereby closed by order of this Commission.

2             This complaint has been filed against the respondents seeking claim of Rs.36,890/- alongwith compensation to the tune of Rs.1,00,000/- alongwith Rs.33,00/- as litigation expenses as the claim of the complainant has not been given by the respondents. In written statement, all the allegations have been denied by the opposite parties and dismissal of the complaint was prayed for.

3            As the complainant has come before this Commission for seeking relief, the onus was on the complainant to prove his case by adducing cogent and convincing evidence. Since the complainant has not produced any evidence on record despite several effective opportunities as stated above and hence, there is no iota of evidence on record to substantiate the allegations of the complaint. Hence, the present complaint is hereby dismissed in lacking of evidence. However, both the parties are left to bear their own costs.

4            This order be communicated to the parties free of costs and file be consigned to the record-room.

 
 
[ Dr. R. K. Dogra]
PRESIDENT
 
 
[ Dr. Rekha Chaudhary]
MEMBER
 
 
[ Mr. Vinit Kaushik]
MEMBER
 

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