LAWS(NCD)-2003-9-235

LALIT KUMAR OSWAL Vs. NATIONAL INSURANCE CO LTD

Decided On September 29, 2003
LALIT KUMAR OSWAL Appellant
V/S
NATIONAL INSURANCE CO LTD Respondents

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 is directed against the order dated 7.12.2001 by the District Consumer Disputes Redressal Forum, Durg (hereinafter called as 'district Forum' in short) in Complaint Case No.186/2001 dismissing the complaint of the complainant/appellant claiming compensation for the damage to his vehicle.

(2.) Relevant facts no longer in dispute are : that the complainant is registered owner of Maruti 800 car bearing registration No. MP-24-G 5328. The complainant/appellant purchased the above car in April, 1999 and initially obtained comprehensive insurance for the period from 12.4.1999 to 11.4.2000. The comprehensive insurance policy was subsequently renewed for the period from 12.4.2000 to 11.4.2001 under renewed policy No.320901/2000/6100184.

(3.) According to the complainant, the car met with an accident on 22.4.2000 and got badly damaged. The appellant intimated the respondent/insurer about the accident. The respondent appointed Surveyor Shri R. K. Handa for assessment of damages. He submitted his report. The respondent/insurance Company thereafter, sent a letter of queries dated 30.4.2001 stating that the non-reply thereof may result in repudiation of the claim. Reply dated 3.5.2001 was sent by the complainant through one Shri K. L Lunia. However, the complainant was not paid the amount of compensation claimed by him on account of damage to his car. Hence, he filed the complaint.