CHHABIRAM SAHU Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 is directed against the order dated 18.4.2000 in Complaint No.9/99 by District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called the "district Forum" for short) dismissing the complaint of the complainant/appellant.

(2.) Undisputedly the complainant/appellant purchased a Swaraj Mazda vehicle having registration No. MP23d/8732. The said vehicle was purchased after obtaining finance from Ashok Leyland Finance Co. under hire purchase agreement. The opposite party/respondent, insured the said vehicle for the period effective from 15.12.1997 to 14.12.1997. The said vehicle met with an accident on 14.1.1997 near Kondagaon. The complainant/appellant laid claim for Rs.90,000/- with the respondent. However, the surveyor assessed the loss to be of Rs.57,500/-. The cheque of the said amount was issued by the respondent and was handed over to the owner Financer Ashok Leyland Finance Co.

(3.) The complainant/appellant in his complaint alleged that the cheque of the above amount could not be handed over to the financer Ashok Leyland Finance Co. and that the amount should have been paid to the complainant/appellant. He, accordingly, claimed recovery of the said amount with interest.