B.C. Kandpal, J. (President) - (1.) THIS is insurer's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 07.04.2012 passed by the District Forum, Udham Singh Nagar in consumer complaint No. 43 of 2009. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellant to settle the claim of the respondent within a month and to pay the claim amount to the respondent together with interest @ 6% p.a. from the date of filing of the consumer complaint till payment. The appellant was further directed to pay sum of Rs. 5,000/ - to the respondent towards mental and financial agony and Rs. 3,000/ - towards litigation expenses. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that the complainant was the registered owner of vehicle No. UK06 -J -7648. The said vehicle was insured with the appellant - ICICI Lombard General Insurance Company Limited for the period from 18.11.2008 to 17.11.2009 at an IDV of Rs. 2,80,320/ -. During the validity of the insurance policy, the insured vehicle met with an accident on 21.11.2008 near Moradabad. The FIR of the accident was lodged with the police and intimation was also given to the insurance company. The insurance company appointed surveyor for assessment of the loss, but the claim of the complainant was not settled by the insurance company. Alleging deficiency in service on the part of the insurance company, the complainant filed a consumer complaint before the District Forum, Udham Singh Nagar.
(2.) THE insurance company filed written statement before the District Forum and pleaded that the Complainant did not submit the estimate of repairs of the vehicle; that the complainant also did not deposit the salvage of the vehicle with the insurance company; that the complainant did not complete the required formalities for settlement of the claim and, as such, his claim could not be processed and that there is no deficiency in service on their part. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 07.04.2012 in the above manner. Aggrieved by the said order, the insurance company has filed the present appeal.
(3.) WE have heard the learned counsel for the parties and have also perused the record.;