ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 1449 of 2015

Mohammad Faiyaz Alam s/o Sekh Mohammad Safe,

R/o Achalda Road, Budhuna, District, Auraiya,

Presently resident at Pakka Bagh, Etawah.          ....Appellant.

Versus

1- Chola Mandalam M.S. General Insurance Co. Ltd.,

    through Branch Manager, Branch Office-4,

    Meera Gold, IInd Floor, Shahnajaf Road,

    Lucknow-226001

2- Chola Mandalam Investment & Finance Co. Ltd.,

    Branch, Etawah, District, Etawah-206001.…Respondents.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Sri Vikas Saxena, Member.

Sri Umesh Sharma, Advocate for appellant.

Sri T.K. Mishra, Advocate for respondent no.1.

None for the respondent no.2.

Date 7.11.2022

JUDGMENT

Per Sri Sushil Kumar,  Member- This appeal has been filed against the judgment and order dated 18.6.2015 passed by the ld. District Consumer Forum, Auraiya in complaint case no.23 of 2013, Mohammad Faiyaz Alam vs. Chola Mandalam M.S. General Insurance Co. Ltd. & anr., whereby the complaint was dismissed on the ground that drier committed mistake while driving the bus on 7.4.2014  and directed the opposite party no.2 to pay Rs.25,000.00 as insured amount to the complainant for the death of insured buffalo.  

This appeal has been filed by the complainant on the ground that the ld. District Consumer Forum passed the judgment beyond the evidence available on record. This order is illegal and arbitrary without taking into consideration the fact and circumstances of the case and incorrectly held that the complainant failed to prove the deficiency in service by the opposite party.

We have heard the ld. Counsel appeared for both the

(2)

parties and perused the impugned judgment and order alongwith the record.

As per the case of the complainant accident occurred on 7.4.2014 while information was given to the police station on 4.5.2014, after one month of the accident. This information also not recorded on the G.D. of the police station. The ld. District Consumer Forum, Auraiya doubted the genuineness of a receipt of application by the concerned police station as fake and fabricated because there is no mention regarding this report of the complainant in the G.D. of the police station. This doubt is established very well that the complainant created a fake and fabricated evidence regarding the information of the accident.

On perusal of the judgment, it also appears that the complainant never submitted the valid driving license of the driver who was driving the bus at the time of accident. The submission of valid driving license is a condition precedent to get the insurance from the insurance company in the case of accident. Hence, since the complainant unable to submit the valid driving license of the driver, he had no occasion to get the damages from the insurance company. Therefore, the judgment passed by the ld. District Forum, Auraiya is not required any interference by this Commission. The appeal deserves to be dismissed.   

ORDER

          Appeal is dismissed.

          The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.       

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Judgment dated/typed signed by us and pronounced in the open court.

Consign to record.

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Jafr, PA I

Court 2