HEMAL ASHOK GANATRA vs United India Insurance Co. Ltd.

WE are proceeding to dispose of this appeal at the stage of its admission itself on hearing the learned Advocates for the parties as above and on perusal of the material available in the appeal paper book

RESPONDENT-org. O.P. is present through its Advocate pursuant to our notice before admission issued to it on 10th November, 2003. (For brevity''s sake appellant is hereinafter referred to as ''Complainant'' and respondent who is org. O.P. as ''Insurance Company''). Complainant has filed this appeal against the order of dismissal of his complaint dated 18th September, 2003.

At the outset we wish to state that District Forum was compelled to dismiss the complaint of the complainant as is revealed from the order because complainant did not furnish the basic material as also adequate pleadings in support of claim as made in the complaint against the Insurance Company.

ON perusal of the appeal paper book and what is submitted across on behalf of the complainant as also copy of the complaint, etc. which forms part of appeal paper book that the proprietor of the complainant filed the complaint in person and as such was not assisted by any Advocate or by any one conversant with the procedure and practice of filing of the dispute in the Consumer Fora. Copy of the complaint is at page Nos. 62 and 63 which is only 5-6 lines letter addressed by the Proprietor of the complainant to the District Forum (refer page Nos. 62 and 63). The claim was made for damages to the extent of Rs. 2,28,828/- and as recently held by the Supreme Court in the case of Charan Singh v. Healing Touch Hospital and Others, reported in the Supreme Court Cases III (2000) CPJ 1 (SC)=VI (2000) SLT 867=(2000) 7 SCC 688, party making the claim has to furnish relevant material as also the break-ups in support of the claim as made. Admittedly, this is wanting in the matter herein.

SINCE, however, complainant was appearing in person, in interest of justice, we think it appropriate that this matter should go back to the District Forum for consideration afresh thereby providing opportunity to the complainant to file affidavit and placed before the District Forum the supporting data in support of the claim as made. Hence, the following order. We, however, clarify that this benefit is being extended purely as a matter indulgence. ORDER 1. Appeal is allowed and its impugned order dated 18th September, 2003 is set aside. 2. Matter is remitted to the South Mumbai District Forum for consideration afresh on merits in accordance with the provisions of the Law and the Rules and on giving proper opportunities to the parties thereunder. 3. Appellant''s Advocate shall furnish copy of the order herein to the South Mumbai District Forum immediately. 4. By consent the date of appearance before the South Mumbai District Forum by parties is fixed on 3rd May, 2004 on which date the parties shall ensure their appearances before the District Forum without fail and seek the directions with regard to the fixation of date of hearing. 5. Complainant shall file a detailed affidavit providing basic facts and data as also the break-ups in support of the claim in the complaint before South Mumbai District Forum on 3rd May, 2004 and shall furnish copies thereof to the respondent-Insurance Company by the same date. Leave is provided to the Insurance Company to file supplementary written statement on the basis of Affidavit to be filed within 4 weeks of receipt of the copies thereof. Copy thereof shall be furnished to the complainant by the same date. 7. It is made clear and distinctly understood to the parties that no further notices for appearance will be required to be issued by the District Forum to the parties. 8. The District Forum shall proceed to dispose of the complaint totally uninfluenced by its earlier findings or any observations of ours in the judgment herein concerning the merits of the matter treating the same as our prima facie views and observations thereof. 9. District Forum to ensure expenditious disposal of the matter after remand. 10. As far as this appeal is concerned, no order as to costs. 11. Office shall furnish copies of the order to the parties.

Appeal allowed.