(1.) Alongwith present petition, an application seeking condonation of delay of 308 days has been filed. However, as per office note there is delay of 253 days.
(2.) Be that as it may, issue involved in the present case is whether petitioner is entitled to receive the claim amount as has been assessed by the surveyor or he is entitled to amount claimed by him on the basis of bills for getting the vehicle repaired.
(3.) At the first instance, it may be noted that petitioner has tried to mislead this Commission by filing a wrong affidavit. On 31.10.2014, when petition came up for hearing for the first time, it was pleaded by learned counsel for petitioner, that though Respondent/Opposite Party had appointed Surveyor in this case, but no survey report was filed before the fora below, though survey was conducted by Mr. Ravinder Kumar Sharma. In view of the above fact, petitioner was also directed to file specific affidavit to the effect that no survey report was placed before the fora below. It was also further observed, that if it is found that affidavit is false, then present revision petition shall stand dismissed automatically without any further orders.