OM PRAKASH BAGHEL Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal, under Section 15, of Consumer Protection Act, 1986, is directed against the order dated 22.7.2005 in complaint No. 40/2005 by District Consumer Disputes Redressal Forum, Raipur (hereafter called ''District Forum'' for short) dismissing the complaint of the appellant.

(2.) Indisputably, the complainant/appellant is the owner of Indica car bearing Registration No. C.G.-04-B-1200. The said vehicle was comprehensively insured by the respondent insurer, covering the risk of the said vehicle from 16.5.2002 to 15.5.2003. It is also not in dispute that the said vehicle met with an accident and got damaged on 28.1.2003. On intimation being given by the complainant, the respondent insurer appointed Shri Utkarsh Shingwekar as surveyor. The surveyor in his report date 28.2.2003 assessed the net payable loss at Rs. 75,217, while salvage value was estimated at Rs. 500. It is further not in dispute that the respondent/insurer demanded fitness, permit and original driving licence with xerox copy thereof. The same was not produced and ultimately by letter dated 26.8.2004, the respondent/insurer intimated the complainant/appellant that in case he fails to produce the aforementioned docuents within 7 days, his claim case would stand closed. It is not in dispute that the complainant did not produce the document as demanded by the respondent/insurer as above.

(3.) Since the claim case was closed as above, the complainant preferred complaint before the District Forum. He claimed compensation to the tune of Rs. 95,811 allegedly spent by him towards repair of the vehicle with interest thereon @ 12 % per annum. He also prayed that he should be awarded compensation of Rs. 10,000 towards mental harassment, inconvenience and loss caused to him.