- (1.) THIS is complainant s appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 1.11.2008 passed by the District Forum, Dehradun in consumer complaint No. 48 of 2004. By the order impugned, the District Forum has partly allowed the consumer complaint, thereby directing the Insurance Company to pay sum of Rs. 19,432 to the complainant together with interest @ 9% p.a. from the date of filing of the consumer complaint till payment. Not satisfied with the relief awarded by the District Forum, the complainant has filed this appeal for enhancement.
(2.) IN brief the facts of the case are that in the year 2000, the complainant had purchased vehicle bearing registration No. UP07 9101 (Tata Sumo). The said vehicle was being used as a taxi. The vehicle was comprehensively insured with the opposite party No. 1 for the period from 16.6.2002 to 15.6.2003. On 30.5.2003, when the insured vehicle was on Chardham Yatra, it met with an accident and fell in a ditch. The intimation of the accident was given to the Insurance Company, who appointed Sh. Aditya Kumar Garg, surveyor for spot survey. The vehicle was retrieved from the ditch. On 6.6.2003, the vehicle was taken to Oberai Motors, Dehradun, where the vehicle was inspected by surveyor Sh. B.B. Garg and the vehicle was repaired and certain parts were also changed/replaced. The complainant spent sum of Rs. 42,670 in the repairs of the vehicle but the Insurance Company paid only sum of Rs. 23,238 to the complainant. The Insurance Company forcibly got the receipt signed from the complainant. The complainant has further alleged that the opposite party No. 1 has wrongly deducted sum of Rs. 19,432. Alleging deficiency in service on the part of the Insurance Company, the complainant filed a consumer complaint before the District Forum, Dehradun.
(3.) THE Insurance Company filed written statement before the District Forum and pleaded that the complainant has received the amount of Rs. 23,238 in full and final settlement of her claim and she is not entitled to any further amount. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 1.11.2008 in the above terms. Not satisfied with the order passed by the District Forum and the relief awarded per impugned order, the complainant has preferred this appeal.;