(1.) THIS appeal has been filed by the complainant appellant against the order dated 30.4.2008 passed by the District Forum, Chittorgarh in Complaint No. 343/07, by which the complaint of the complainant appellant was dismissed.
(2.) IT may be stated here that the complainant appellant had filed a complaint against the respondents before the District Forum, Chittorgarh on 23.11.2007 inter alia stating that his Santro car bearing No.MP.09.HB.9354 was got insured with the Respondent Nos. 1 and 2 Insurance Company for the period 19.4.2007 to 18.4.08 for a sum of Rs. 1,20,000. It was further stated in the complaint that on 4.5.2007, the car had met with an accident and information of that incident was given by the complainant appellant to the office of the respondent Nos. 1 and 2 Insurance Company where a Surveyor was appointed and in getting the repair of the car a sum of Rs.47,728 were spent, but respondent Nos. 1 and 2 Insurance Company had sent a cheque dated 26.7.2004 for a sum of Rs. 24,352 which was received by the complainant appellant on 3.9.2007 and for the remaining amount the complaint was filed.
(3.) A reply was filed by the respondent No.1 and 2 before the District Forum on 16.2.2008 and in the reply it was stated that the amount as assessed by the Surveyor was sent to the complainant appellant and the same was accepted by the complainant appellant, hence no case, complaint be dismissed.