This order shall disposed of an application moved by the applicant/complainant to lead additional evidence alleging that while leading the evidence, the complainant was not in the possession of some documents. Now, complainant has got same documents which will help this Commission to decide the real controversy between the parties. The complainant wants to produce copy of affidavit dated 28.08.2022 executed by Sunny pal s/o Ramesh Chand, Bajaj Allianz Insurance Investigator, aadhar card of Sunny pal son of Ramesh Chand, copy of Identity card of Sunny Pal issued by Vani Enterprises, Letter/report submitted by investigator Sunny Pal to Bajaj Allianz Insurance Company dated 14.11.2019, Declaration by Sunny Pal s/o Ramesh Chand dated 28.08.2022 and prayed that applicant may kindly be allowed to lead additional evidence.

          Ld. counsel for respondents/Opposite parties has filed reply to the application stating that the present complaint is liable to be dismissed, as the same is filed only to fill the lacuna. Moreover there is no provision in Consumer Protection Act to lead additional evidence after arguments. The present application is liable to be dismissed, as the complainant has already availed a number of opportunities to adduce his evidence and the evidence was closed on 18.02.2022, but the complainant has not bothered about the same. Moreover, if the present application is allowed the answering opposite parties will be materially prejudiced and if the application is allowed then an opportunity may also be given to lead the evidence, if required to do so. Moreover, there is no necessity to prove the documents as mentioned in the application which are forged and fabricated documents prepared by complainant only after hearing arguments in the above mentioned complaint and the case is fixed for order. Moreover complainant itself is prepared on the basis of forged and fabricated documents and a prayer for dismissal of the application is made.

          Hon’ble State Consumer Disputes Redressal Commission, U.T. Chandigarh in First Appeal no.61 of 2015 titled as Mehar Chand Versus Future Generali India Insurance Co. decided on 30.04.2015 has held, “in case, at this stage, the application for placing, on record, Annexures AX & AY, by way of additional evidence, is allowed, that will delay the disposal of the appeal, thereby defeating the very purpose of the provisions of Section 13 (3A), of the Consumer Protection Act, 1986, stipulating the specific time, for the disposal of the Consumer Disputes. Thus, there is no justification, whatsoever, to allow the application, for placing on record Annexures AX and AY, by way of additional evidence, at this stage. The application is accordingly dismissed.” In case, at this stage the application for placing on record ‘copy of affidavit dated 28.08.2022 executed by Sunny pal s/o Ramesh Chand, Bajaj Allianz Insurance Investigator, aadhar card of Sunny pal son of Ramesh Chand, copy of Identity card of Sunny Pal issued by Vani Enterprises, Letter/report submitted by investigator Sunny Pal to Bajaj Allianz Insurance Company dated 14.11.2019, Declaration by Sunny Pal s/o Ramesh Chand dated 28.08.2022’ by way of additional evidence is allowed that will delay the disposal of the complaint, thereby defeating the very purpose of the provisions of section 38 (7) of the Consumer Protection Act, 2019 (then Section 13 (3A) of the Consumer Protection Act, 1986) stipulating the specific time, for the disposal of the Consumer Disputes.

In view of the aforesaid judgement, we are of the view that there is no justification, whatsoever, to allow the application at this stage. The application is, accordingly, dismissed. It be attached with the main complaint file.