- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 13.8.2004 in Complaint No. 95/2003 by the District Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short) dismissing the appellant s complaint.
(2.) THE relevant facts stated in brief are, that the complainant is the owner of Indica car bearing Registration No. C.G. - 05 - 0545. The same was insured with the respondent/insurer covering the risks from 1.30 p.m. of 15.2.2001 to mid night of 14.2.2002. According to the complainant, the car met with an accident somewhere between 10 p.m. to 11 p.m. on 14.2.2002 resulting in the death of 2 occupants, while the car was also damaged. The complainant preferred the claim with the respondent/insurer which, however, was repudiated by the respondent/insurer by their letter dated 6.11.2002 inter alia on the ground that the period of policy had expired. The complainant averred that his claim was repudiated without any basis and on mere guess and surmise. Therefore, he claimed that compensation of Rs. 4,33,000/ - be awarded.
(3.) THE complaint was resisted by the respondents. According to them, the policy expired on the mid -night of 14.2.2002, hence the term of policy had expired, and was not in force, when the accident occurred at 00.30 a.m. of 15.2.2002. According to the respondent/insurer the claim of the complainant was, therefore, justifiably repudiated. The learned Counsel for the parties were heard. Record perused.;