BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSIONHYDERABAD.
FA.NO.301OF 2007 AGAINST C.D.NO.32 OF District Forum, KHAMMAM
Between:
Chinta Chandra Age 39 years, R/Khammam Urban ..Appellant/
Complainant
And
The New India Assurance Company Ltd.,
Khammam, rep. by its Branch Manager. ..Respondent/
Counsel for the Appellant:
Counsel for the Respondent: Respondent served.
QUORUM LADY MEMBER
AND
SRI G.BHOOPATHI REDDY MEMBER
TUESDAY, THE FIFTEENTH DAY OF SEPTEMBER,
TWO THOUSAND EIGHT
Oral (Per
***
Aggrieved by the order in C.D.No.32/2004 on the file of District Forum,
The brief facts as set out in the complaint are that the complainant is the owner of vehicle bearing No.AP20-U-2574, which was insured with opposite party company under Comprehensive policy covering own damage risk also valid from 6-8-2001 to 5-8-2002. The complainant submitted that the said vehicle met with an accident on 29-5-2002 the Police registered a case. Opposite party company was informed of the accident and they deputed a Loss Assessor, by name The complainant submitted that he produced the necessary bills but the opposite party did not pay the amount of loss to a tune of Rs.50 Therefore, he got issued a legal notice on 2-9-2003 for payment, opposite party acknowledged the legal notice but neither gave reply nor made payment. Hence the complaint for a direction the opposite party to pay Rs.50,000/- with interest at 2% p.a. from the date of accident till the date of realization together with costs.
Opposite party filed counter contending that the driver of the was not having valid license to drive the vehicle. They also denied the genuineness of the accident and regarding the nature of repairs underwent to the vehicle of the complainant. They submitted that the complainant failed to submit original registration certificate, driving license of the driver, criminal case records and other documents to the opposite party They further submitted that they issued a registered letter to the complainant to produce the relevant original documents but he failed to do so and submitted that there is no deficiency of service and prayed for dismissal of the complaint.
The District Forum based on the pleadings put forward held that the complainant failed to prove his case and accordingly dismissed the complaint.
Aggrieved by the said order, the complainant preferred this appeal.
The learned counsel for the appellant submitted that he had shifted from Gujarat State and therefore could not lead evidence and file the original registration certificate and driving license before the District Forum. He seeks an opportunity to file all the relevant documents and mark them along with an affidavit before the District Forum.
Taking into consideration that the District Forum has dismissed the case on the ground that the complainant failed to submit any documentary evidence and the appellant has submitted before us that he may given a chance to file the relevant documents and keeping in view the principles of natural justice, we deem that this is a fit case to give an opportunity to the appellant. Therefore, remand the matter to the District Forum and set aside the order in C.D.No.32/2004 and direct the appellant to appear before the District Forum on 15th October,2008 after informing the other side about the matter being remanded and posted to 15th October, 2008. The District Forum is directed to conduct a
In the result this appeal is allowed and the order of the District Forum in C.D.No.32/2004 is set aside and the appellant is directed to appear before the District Forum on 15th October after informing the other side about the matter being remanded and posted to 15th October, 2008. The District Forum is directed to conduct a There shall be no order as to costs.
LADY MEMBER.
15-9-2008.
