- (1.) THIS is insurer's appeal against the order dated 11.9.2008 passed by the District Forum, Dehradun, ex parte allowing the consumer complaint No. 154 of 2007 and directing the opposite party appellant to pay sum of Rs. 3,05,000 to the complainant together with interest 9% p.a. from the date of filing of the consumer complaint till the date of actual payment.
(2.) BRIEFLY stated, the facts of the case are that the complainant got his vehicle (Opel Corsa) insured with the opposite party United India Insurance Company Limited for the period from 27.3.2006 to 26.3.2007atanI.D.V. of Rs.3,05,000. During the currency of the policy of insurance, the vehicle met with an accident on 24.4.2006 at about 10.00 p.m. In the said accident, the vehicle was badly damaged. The complainant lodged a claim with the Insurance Company. The complainant alleged that the estimated expenses of repair of the vehicle would be Rs. 3,68,637. The surveyor of the Insurance Company inspected the vehicle and assessed the loss to the tune of Rs. 1,26,000. Alleging deficiency in service on the part of the Insurance Company, the complainant filed a consumer complaint before the District Forum, Dehradun.
(3.) HEARD learned Counsel for the parties and perused the record. It appears from the perusal of the record that the appellant, who was the opposite party (hereinafter referred as appellant) before the District Forum, did not file any written statement before the District Forum and the District Forum proceeded ex parte against the appellant. The District Forum although held that the service of notice was sufficient upon the appellant, but no written statement or documents were filed by the appellant before the District Forum. We further observed that the District Forum has awarded a sum of Rs. 3,05,000 to the complainant together with interest @ 9% p.a. from the date of filing of the consumer complaint till the date of actual payment. This amount has been awarded by the District Forum only on the basis of the ex parte evidence filed by the complainant in support of his case and the appellant did not have any opportunity to rebut the evidence filed by the complainant.;