Consumer Protection Act, 2019 Section–58(1)(b) read with Section 13 (4) of the Consumer Protection Act, 1986–Revision–Mandate to file affidavit in support of evidence–
Total loss–Documentary evidence–Complaint allowed–Burden of proof on insurance company–The insurance company based its repudiation on the alleged intoxication of the deceased driver at the time of the accident, supported by a post-mortem and RFSL report–Admissibility of Report–Held–That, the veracity of the RFSL report had not been established by of any affidavit to establish the admissibility of the report itself or to either doctor who conducted the post-mortem–repudiation of the claim is not based on documentary evidence-Petition was dismissed, affirming the State Commission’s order, as the insurance company did not discharge the burden of proof, and the repudiation was deemed deficient in service and unfair trade practice. (Para 8)