V ARAVANDI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THE complainant in O.P. No. 190/97 on the file of the District Consumer Disputes Redressal Forum, Tiruchirapalli, is the appellant herein. His case was as follows:

(2.) THE opposite party resisted the claim. The conversion of the vehicle into a tanker was suppressed to the opposite party at the time of taking the policy and in such circumstances the opposite party proposed to settle the claim on non -standard basis at 75%. The original owner in his proposal form had stated that the vehicle was an open body carrier. Premium was also collected only on that basis. No additional premium was paid by the subsequent purchaser, the complainant. There was thus clear violation of the terms and conditions of the policy. The opposite party's liability being a contractual one and not a statutory liability and if there was any dispute with regard to quantum of compensation the matter should go before the Arbitrator. The Consumer Forum had no jurisdiction.

(3.) THE District Forum accepted the case of the opposite party and dismissed the complaint by order dated 6.7.1998. It is as against that the present appeal has been filed.