- (1.) THIS is complainant s appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 05.05.2010 passed by the District Forum, Haridwar in consumer complaint No. 129 of 2009. By the order impugned, the District Forum has allowed the consumer complaint and directed the opposite parties to pay compensation ofRs. 2,00,000/ - to the complainant within a month from the date of the order.
(2.) IN brief the facts of the case are that the complainant has got his vehicle bearing registration No. UA08J 6770 insured with ICICI Lombard General Insurance Company Limited for the period from 16.12.2008 to 15.12.2009. During the currency of the policy of insurance, on 13.02.2009, the insured vehicle got punctured while going from Laksar to Roorkee. The complainant parked the vehicle at the roadside and went to trace the mechanic. When the complainant came back at the spot, he found that the vehicle was missing. Thereafter, the complainant found that the vehicle was lying beneath the bridge in a damaged condition. The complainant got the vehicle toed from the site and brought the same to the workshop of the opposite party No. 3. On claim being lodged by the complainant with the insurance company, the insurance company repudiated the same. Thereafter the complainant filed the consumer complaint before the District Forum.
(3.) THE opposite party No. 1 filed written statement before the District Forum and pleaded that the claim of the complainant was investigated by M/s International Investigator and it was found that the vehicle was being used for hire and reward and on the basis of the investigation report, the claim was repudiated. It was also pleaded that the meter reading of the vehicle was 22500 kms. and the vehicle was 20 months old and, as such, the vehicle was used very excessively. No written statement was filed by the opposite party Nos. 2 and 3 before the District Forum. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide order dated 05.05.2010 2in the above terms. Not satisfied with the quantum of compensation awarded by the District Forum, the complainant has filed this appeal for enhancement of compensation.;