Dr. Anil Bhaskar Ghagare Vs. National Insurance Co. Ltd., Thane - Court Judgment

SooperKanoon Citationsooperkanoon.com/1111155
CourtMaharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided OnSep-04-2009
Case NumberFirst Appeal No.211 of 2009 (In Consumer Complaint No.174 of 2008)
JudgeShri P.N. Kashalkar, Hon’ble Presiding Judicial Member Mrs. S.P. Lale, Hon’ble Member
AppellantDr. Anil Bhaskar Ghagare
RespondentNational Insurance Co. Ltd., Thane
Advocates:Appellant/Dr. Anil Bhaskar Ghagare in Person.
Excerpt:
oral order:- per shri p.n. kashalkar, honble presiding judicial member we heard appellant/dr.anil bhaskar ghagare in person. none is present for respondent. appellant had filed consumer complaint no.174/2008 in district consumer disputes redressal forum thane against the national insurance company for the claim, which was repudiated by the insurance company. while filing complaint, it appears from the judgement delivered by the district consumer disputes redressal forum thane that complainant had not signed the complaint and on that ground alone complaint came to be dismissed by the forum below. aggrieved thereby, this appeal has been filed by the complainant himself. on hearing the appellant/org. complainant extensively, we are finding that the order passed by the forum below cannot be said to be erroneous or bad in law. if the complainant preferred to file complaint without signing, the fate of the complaint is sealed on the date on which it filed. as per sealed fate, complaint has been rejected by the forum below. hence, he has filed this appeal. we cannot rectify the record. therefore, the complaint even today is without any signature of the complainant. we can simply uphold the order passed by the forum below, but we make it clear that if there is period of limitation available to the complainant, he should file consumer complaint afresh with signature on complaint as well as on the other documents on record and district consumer disputes redressal forum may decide complaint on merits because this complaint no.174/2008 had been dismissed on technical ground. so, district consumer disputes redressal forum is free to take cognizance of new complaint provided it filed in limitation. with these observations, we pass the following order:- order: 1. appeal stands summarily dismissed. 2. no order as to costs. 3. copies of the order be furnished to the parties.
Judgment:

Oral Order:-

Per Shri P.N. Kashalkar, Honble Presiding Judicial Member

We heard Appellant/Dr.Anil Bhaskar Ghagare in person. None is present for respondent.

Appellant had filed consumer complaint No.174/2008 in District Consumer Disputes Redressal Forum Thane against the National Insurance Company for the claim, which was repudiated by the Insurance Company. While filing complaint, it appears from the judgement delivered by the District Consumer Disputes Redressal Forum Thane that complainant had not signed the complaint and on that ground alone complaint came to be dismissed by the Forum below. Aggrieved thereby, this appeal has been filed by the complainant himself.

On hearing the appellant/org. complainant extensively, we are finding that the order passed by the Forum below cannot be said to be erroneous or bad in law. If the complainant preferred to file complaint without signing, the fate of the complaint is sealed on the date on which it filed. As per sealed fate, complaint has been rejected by the Forum below. Hence, he has filed this appeal. We cannot rectify the record. Therefore, the complaint even today is without any signature of the complainant. We can simply uphold the order passed by the Forum below, but we make it clear that if there is period of limitation available to the complainant, he should file consumer complaint afresh with signature on complaint as well as on the other documents on record and District Consumer Disputes Redressal Forum may decide complaint on merits because this complaint No.174/2008 had been dismissed on technical ground. So, District Consumer Disputes Redressal Forum is free to take cognizance of new complaint provided it filed in limitation. With these observations, we pass the following order:-

Order:

1. Appeal stands summarily dismissed.

2. No order as to costs.

3. Copies of the order be furnished to the parties.