State Consumer Disputes Redressal Commission
Shri Krishan Chaudhary vs N I I Co. Ltd. on 12 June, 2024
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/2009/268 ( Date of Filing : 19 Feb 2009 ) (Arisen out of Order Dated in Case No. of District State Commission) 1. Shri Krishan Chaudhary a ...........Appellant(s) Versus 1. N I I Co. Ltd. a ...........Respondent(s) BEFORE: HON'BLE MR. SUSHIL KUMAR PRESIDING MEMBER HON'BLE MRS. SUDHA UPADHYAY MEMBER PRESENT: Dated : 12 Jun 2024 Final Order / Judgement Oral State Consumer Disputes Redressal Commission U.P. Lucknow. Appeal No. 268 of 2009 Shri Krishna Chaudhary s/o Late Sri Ch. Udai Veer Singh, R/o Surendra Nagar, Bank Colony, Aligarh. ...Appellant. Versus Manager, New India Assurance Co. Ltd., Aligarh. ....Respondent. Present:- 1- Hon'ble Sri Sushil Kumar, Presiding Member. 2- Hon'ble Smt. Sudha Upadhyay, Member. None for the parties. Date 12.6.2024 JUDGMENT
Per Sri Sushil Kumar, Member- This appeal has been filed against the judgment and order dated 31.12.2008 passed by the Ld. District Consumer Forum, Aligarh in complaint case no.36 of 2005, Shri Krishna Chaudhary vs. Manager, New India Assurance Co. Ltd., whereby the ld. District Consumer Forum dismissed the complaint on the ground that on investigation by the police this fact was revealed that there was no incident of theft and the complainant lodged false claim.
This appeal has been filed on the ground that the ld. District Consumer Forum erred in not considering the report dated 25.12.1998 of the concerned Sub-Inspector and this Hon'ble SCDRC directed the ld. District Consumer Forum to decide the case after considering the report dated 25.12.1998 in appeal no.1303 of 2003.
None is present to press the appeal. We have perused the judgment and order ourselves.
As per the allegation mentioned in the memorandum of appeal, the ld. District Consumer Forum failed to consider the report submitted by the police but on perusal of the judgment, this allegation appears to be fake because the ld. District Consumer Forum considered the report submitted by S.I and concluded that as per investigator's report, the investigation officer found no offense of theft and this report was accepted by the ld. Judicial Magistrate and no objection was filed by the complainant against the report of the investigation officer. Therefore, there is no occasion to interfere with the judgment of the ld. District Consumer Forum.
The appeal is liable 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.
(Sudha Upadhyay) (Sushil Kumar) Member Member Jafri, PA 1 Court 2 [HON'BLE MR. SUSHIL KUMAR] PRESIDING MEMBER [HON'BLE MRS. SUDHA UPADHYAY] MEMBER