ORIENTAL INSURANCE CO LTD Vs. SURYANARAYAN CHANDRAKAR

JUDGEMENT

(1.) THIS appeal is directed against order dated 06/08/2009 of the District Consumer Disputes Redressal Forum, Jhamtari (hereinafter called as "District Forum", for short), in Complaint Case No.26/2008, whereby the appellant herein, has been directed to pay Rs. 39,860/ -, along with interest 9% p.a. w.e.f. 15/5/2008 and also to pay Rs. 2,000/ -, as compensation for mental agony and Rs. 700/ - as cost of litigation.

(2.) FACTS of the case are that a motorcycle purchased by the respondent, was insured by the appellant herein. It was stolen by some miscreants during intervening night between 11 -12/12/2006. Incident was immediately reported to the Police and then claim was also preferred before Insurance Company. The Insurance Company demanded some documents and thereafter closed the claim file, on the ground that necessary documents, were not produced in time. It necessitated filing of complaint before the District Forum. Such complaint was filed by the respondent and in reply of that complaint, the appellant herein, before the District Forum, had averred that the complainant was directed to produce some documents vide letters dated 20.7.2007, 20.8.2007 and 19.10.2007, but documents were not produced in time, and were produced late in the month of December, 2007, then the claim file was closed.

(3.) LEARNED District Forum, observing that the Insurance Company, has accepted the claim more or less, as preferred by the respondent/complainant, has awarded the amount as described hereinabove.