S.C.VYAS,J - (1.) FEELING aggrieved by order dated 20.9.07, passed by District Consumer Disputes Redressal Forum, Raigarh (hereinafter called œDistrict Forum  for short), in complaint case No. 49/06, whereby the complaint for award of compensation on account of damages to the insurance vehicle, against the insurance company, has been dismissed, on the ground that the incident had not happened on 16.11.04.
(2.) BRIEFLY stated the facts of the case are that truck No.CG -04 -ZC -0258 is of the ownership of the appellant herein and was insured by the respondent for the period from 10.11.04 to 9.11.05. As per the story of the complainant, the said truck met a road accident on 16.11.04 while it was going towards BALCO Nagar from BALCO, Mainpat, loaded with Bauxite oar. The incident happened near Kartala, Hati -Korba main road. Report to the police was lodged on the next day morning and intimation to the insurance company was also given. Surveyor was appointed for spot inspection. The vehicle was shifted from the place of incident to the repairer. But, ultimately no amount of damage was paid by the insurance company, so the complaint was filed.
(3.) IN the written version, the story as put forward by the complainant has been totally denied. The defence of the insurance company was that there was no truck accident on 16.11.04. It has been asserted that on inspection, it was found that the incident of accident had happened on 6.11.04 and because the policy was not there on that date, a false story has been put forward by the insured and claim has been filed. So, there was no deficiency in service in repudiating the claim. Learned District Forum agreed with the defence taken by the insurance company and dismissed the complaint.;