- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986, is directed against the order dated 22.6.2004 in Complaint No. 34/2004 by District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called the District Forum for short), whereby the complaint was partly allowed. Aggrieved by this order, the O.P./Insurer has preferred this appeal.
(2.) BRIEF facts necessary for disposal of this appeal are that Maruti Zen vehicle of the complainant bearing No. CG -08/0051 was insured with the O.P./Insurer, bearing policy No. 190587/31/02/03482 for the period from 15.2.2003 to 14.2.2004. On 9.6.2003 the aforesaid vehicle met with an accident near Tumdibod. The complainant had immediately informed the Development Officer of O.P./Insurer regarding the accident and has filed relevant documents relating to the claim. It was further averred in the complaint that Mr. L.K. Dudeja was appointed as Surveyor. Despite the report of the Surveyor as aforesaid, the insurer failed to make the payment of the claim amount to the complainant, hence the complainant has filed the complaint before the District Forum.
(3.) O .P./Insurer averred in the written version that the complainant did not immediately intimate Rajnandgaon Branch Office regarding the accident on 9.6.2003 itself but had intimated Bhilai Branch regarding the accident on 12.6.2003. It was further averred that the complainant did not co -operate with the Surveyor and did not furnish necessary documents required by the Surveyor. It was further averred that during the survey, it was revealed that the engine installed in the vehicle was a different one and the same was not insured by the insurer. It was further averred that the complainant had also failed to lodge any report regarding the accident. The complainant further failed to assign any reason for not lodging the report and the complainant had also laid exagerated claim with the insurer. It was averred in the written version that due to the aforesaid reasons the complainant was not entitled to get the claim under the policy. On the strength of the reasons given in the impugned order learned District Forum did not agree with any of the objection raised by the O.P./Insurer and had partly allowed the claim as assessed by the Surveyor.;