RAMESH AGRAWAL Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 12.5.2006 in Complaint No. 66/2005 by District Consumer Disputes Redressal Forum, Surguja, Ambikapur (hereinafter called the District Forum for short) dismissing the appellant s complaint.

(2.) INDISPUTABLY , the complainant is the owner of vehicle bearing Registration No. CG -15A/1391. It is also not in dispute that the said vehicle was comprehensively insured by the respondent -insurer, covering the risk thereof from 8.12.2003 to 7.12.2004. It is further not in dispute that during the currency of the policy, the said vehicle was burnt but miscreants on 15.11.2004 near Semarsot Forest Rest House, P.S. Balrampur, District -Surguja.

(3.) THE complainant/appellant averred that intimation about the above incident was given to the respondent -insurer on 16.11.2004 and claim form was also submitted on 19.11.2004 along with the copies of necessary documents. Further averments of the complainant were that, Pankaj Gahoi was appointed as Surveyor by the respondent -insurer, who assessed the loss, in regard to claim of the complainant. The complainant further averred that he was entitled to Rs. 6,00,000 for which the vehicle was insured. However, only an amount of Rs. 3,64,000 was paid to him by the cheque dated 13.4.2005. The complainant felt aggrieved by non -payment of balance amount of Rs. 2,36,000. It was averred in the above context that possession of salvage of the vehicle ought to have been taken by the respondent -insurer and that the complainant was no supposed to keep it or to look after its safety. It was averred that complainant had to incur expenditure in retaining the salvae and that he has also suffered loss on account of non -payment of balance amount of Rs. 2,36,000. The complainant, therefore, claimed total compensation of Rs. 3,12,400.