- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986, is directed against the order dated 16.9.1999 in Complaint No. 203/98 by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called the 'Distt. Forum' for short), dismissing the complaint of the appellant.
(2.) UNDISPUTED facts are that the complainant/appellant is the owner of the vehicle -Mahindra jeep bearing registration No. MP26 F 1895, which was comprehensively insured by the complainant with the respondent/insurer for the period from 2.4.1996 to 1.4.1997. The requisite premium as per rules of the insurer was admittedly paid by the complainant to the respondent/insurer.
(3.) ACCORDING to the averment of the complainant the jeep was stolen on 15.1.1997 on way from Sheori Narayan to Bilaspur. The incident was intimated to the respondent/insurer, who appointed a Surveyor. The Surveyor reported that the incident of loot had taken place. As reported by the Surveyor the depreciated value of the vehicle was Rs. 2,66,000/ -. However, the Surveyor also mentioned that the complainant had agreed to accept the market value of the jeep which was Rs. 1,90,000/ -. Since claim of the appellant was not accepted, the appellant filed his complaint in the Distt. Forum. The respondent insurer filed written version and resisted the complaint. According to the written version of the respondent the vehicle at the time of accident was being plied in breach of terms of policy. It was alleged in the above context that though the vehicle was registered as private vehicle, it was being used as taxi. In view of the violation of the terms of the policy as above, the respondent/insure alleged that it could justifiably repudiate the claim of the complainant.;