NEW INDIA ASSURANCE CO LTD Vs. MOHD KASIF

JUDGEMENT

(1.) This is an appeal under Sec.15 of the Consumer Protection Act (hereinafter called the 'act') against the judgment and order dated 27.4.2001 passed by District Consumer Forum-II, Bareilly in Complaint Case No.287/1999.

(2.) Initially a complaint under Sec.12 of the Act was preferred with the allegation that the vehicle in question was insured with the opposite party/appellant and since it met with an accident on 2.2.1999 during the currency of the insurance policy and since on claim the loss was not reimbursed and according to the assessment made by the approved Surveyor the repudiation so done by the appellant/insurance Company was arbitrary based on no material and was the outcome of arbitrary exercise of the discretion.

(3.) In the written statement filed by the appellant, the factum of arriving at a contract between the appellant and the consumer was admitted. Even the accident position was admitted but the repudiation was done, hence the complaint was preferred. During the course of hearing of the complaint, parties to the proceedings have filed their respective documents.