Document Fragment View
Fragment Information
Showing contexts for: cd transcript in Hdfc Ergo General Insurance Company ... vs Rachhpal Singh on 1 October, 2012Matching Fragments
26. Certified copies of this order, be sent to the parties, free of charge.
27. The file be consigned to Record Room, after completion Pronounced.
October 1, 2012 Sd/-
[JUSTICE SHAM SUNDER (RETD.)] PRESIDENT Sd/-
[NEENA SANDHU] MEMBER Rg STATE COMMISSION (First Appeal No.260 of 2012) Argued by: Sh. Paras Money Goyal, Advocate for the applicants/appellants.
Sh.
Sunil Toni, Advocate for the non-applicant/respondent Dated the 1st day of October 2012 ORDER Alongwith the appeal, an application for placing on record true transcript of the CD, containing the communication between the Sales Executive and the complainant, has been filed by the Counsel for the applicants/appellants.
2. The Counsel for the applicants/appellants, submitted that, no written proposal was got filled in, and signed from the complainant (insured), but, pursuant to the telephonic talk between him and the Sales Executive, the Insurance Policy was issued. He further submitted that the CD of that telephonic talk was prepared. He further submitted that he be allowed to place on record, the true transcript of the CD, containing the communication, between the Sales Executive and the complainant.
3. No doubt, during the course of pendency of the appeal, the Counsel for the applicants/appellants was directed to place on record the proposal form, already got filled in and signed from the complainant. He took two three dates, but could not produce the same and submitted that no proposal form was got filled in, and signed, from the complainant. The transcript of the CD, with regard to the alleged talk between the complainant and Sales Executive of the Opposite Parties, does not carry any authenticity. In case, such a CD was in existence, then the same alongwith the true transcript could very well be produced before the District Forum, but the Opposite Parties did not do so. No plausible cause has been put forth, as what prevented the Opposite Parties, in producing the alleged CD and the transcript thereof. The genuineness and authenticity of the CD and its transcript cannot be vouchsafed. No ground is therefore, made out for allowing the application.
2. The Counsel for the applicants/appellants, submitted that, no written proposal form was got filled in, and signed from the complainant (insured), but, pursuant to the telephonic talk between him and the Sales Executive, the Insurance Policy was issued. He further submitted that the CD of that telephonic talk was prepared. He further submitted that he be allowed to place on record, the true transcript of the CD, containing the communication, between the Sales Executive and the complainant.
3. No doubt, during the course of pendency of the appeal, the Counsel for the applicants/appellants was directed to place, on record, the proposal form, allegedly got filled in and signed from the complainant. He took two three dates, but could not produce the same and submitted that no proposal form was got filled in, and signed, from the complainant. The transcript of the CD, with regard to the alleged talk, between the complainant and Sales Executive of the Opposite Parties, does not carry any authenticity. In case, such a CD was in existence, then the same alongwith the true transcript, could very well be produced before the District Forum, but the Opposite Parties did not do so. No plausible cause has been put forth, as to what prevented the Opposite Parties, in producing the alleged CD and the transcript thereof. The genuineness and authenticity of the CD and its transcript cannot be vouchsafed. No ground is, therefore, made out for allowing the application.