LAXMAN DAS Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal, under Section 15 of the Consumer Protection Act, 1986, is directed against the order dated 28.7.2004 in Complaint No. 112/2004 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short) whereby the complaint was partly allowed. Aggrieved by the order, the complainant has preferred this appeal.

(2.) BRIEF facts necessary for disposal of this appeal are that the complainant had purchased a Swaraj Mazda vehicle bearing No. CG -04/A -9210 and got it comprehensively insured with the opposite party vide policy No. 31/8602/2003 for the period from 22.11.2002 to 21.11.2003 for a sum of Rs. 3,00,000.

(3.) OPPOSITE party averred in the written version that the complainant had agreed to payment of Rs. 1,50,000 on cash loss basis. However, subsequently, it was revealed that the complainant had violated the terms of policy, hence was not entitled to recover anything towards the loss. Hence, the claim was repudiated vide letter dated 24.11.2003.