LAXMAN DAS Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986, is directed against the order dated 28.7.2004 in Complaint No. 112/2004 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short) whereby the complaint was partly allowed. Aggrieved by the order, the complainant has preferred this appeal.

(2.) BRIEF facts necessary for disposal of this appeal are that the complainant had purchased a Swaraj Mazda vehicle bearing No. CG -04/A -9210 and got it comprehensively insured with the opposite party vide policy No. 31/8602/2003 for the period from 22.11.2002 to 21.11.2003 for a sum of Rs. 3,00,000.

(3.) THE said vehicle met with an accident on 7.10.2003 at Raipur -Dhamtari Road and it was a case of total loss. Intimation regarding the accident was given to the opposite party on the very next day and spot survey was conducted. As per averments contained in the complaint, the opposite party was obliged to give a sum of Rs. 3,00,000 to the complainant. However, opposite party persuaded the complainant to agree for payment of a sum of Rs. 1,50,000 and the salvage remaining with the complainant. The complainant had agreed to the said proposition only because he wanted that the claim be settled as early as possible. However, as the opposite party did not pay the agreed sum, the consent given by the complainant had become infructuous. It was further averred that the accidented vehicle is still in the workshop and the complainant has to pay a sum of Rs. 1,000 per month towards the same.