JUDGEMENT
S.C.VYAS,PRESIDENT -
(1.) THIS appeal is directed against order dated
26.3.2012 of District Consumer Disputes Redressal Forum, Dhamtari (CG.), (hereinafter called œDistrict Forum for short) in Complaint Case
No.25/2011 whereby the complaint of the appellant herein, has been
partly allowed and respondent/Insurance Company has been directed to pay
Rs.29,535, if discharge voucher after signing, is sent by the complainant
to it. It has further been directed by the District Forum that repairing
bill alongwith supplementary estimates of the insured vehicle, be sent
back by the Insurance Company to the surveyor for reassessment, so that
actual damages payable by the Insurance Company, can be assessed.
(2.) THE grievance of the appellant/complaint before us is only this that after passing of the impugned order, the amount of Rs.29,535, has
been paid by the respondent/Insurance Company, but as no interest was
awarded by the District Forum on this amount, so no interest has been
paid by the respondent/Insurance Company. It has also been contended that
as respondent/Insurance Company, has not preferred any appeal before us
against the impugned order, therefore it is required to reassess the
claim of the appellant/complainant on the basis of bills of the repairer,
which was authorized service centre of Hyundai Motors.
(3.) AS respondent/Insurance Company has not preferred any appeal against the impugned order before us, therefore, so far as other
directions passed by the District Forum in impugned order are concerned,
no further finding is required to be given on those directions, but so
far as the amount of Rs.29,535 is concerned, it appears that report of
the surveyor was received by the respondent/Insurance Company on 9.7.2009
and thereafter no amount was paid by the respondent/Insurance Company to
the insured for next about 2 and half years. After passing of the
impugned order, the amount as assessed by the surveyor, has been paid by
the respondent/Insurance Company to the appellant/complainant.
As for a long time, no amount has been paid by the respondent/Insurance Company to the appellant/complainant, so District
Forum was required to award interest at a reasonable rate on the payable
amount.;
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