M. THANIKACHALAM J. - (1.) The 2nd opposite party is the appellant.
(2.) The 1st respondent in this appeal, as complainant, approached the District Forum, seeking a direction against the opposite parties, to pay a sum of Rs.66,580/-, being the amount incurred for obtaining duplicate passport, and for a further sum of Rs.50000/-, as compensation, for the mental agony, said to have been suffered by him, interalia contending, that he had taken overseas policy, which covers compensation for obtaining emergency travel documents, and fresh passport, that while he was at Paris on 12.5.2002, accidentally and inadvertently missed his passport, that in order to secure travel documents, and duplicate passport, he had spent a sum of Rs.66,580/-, that based upon the policy, when he lodged a claim, it was repudiated by the opposite parties, thereby committing deficiency, leading to mental agony, for which the opposite parties should pay the above said sums.
(3.) The 2nd opposite party admitting the policy, as well their liability under the policy, would contend that the complainant had failed to produce the necessary documents viz. Embassy receipt, copy of emergency certificate and receipt of other expenses incurred by the petitioner, due to loss of passport, despite reminder, and therefore non-payment of the amount, cannot be termed as deficiency, in view of the admitted fact that the complainant alone had committed deficiency, in not furnishing the required documents, thereby praying for the dismissal of the complaint, denying other averments also.;