- (1.) THE complaint of the appellant herein, has been dismissed by District Consume Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short), vide order dated 17.9.2008, passed in Complaint Case No. 44/2007. That order of dismissal of complaint, is under challenge in this appeal.
(2.) AS per the case of the complainant/appellant herein, his vehicle Tata -709 bearing registration No. C.G. 04 -G1378, was insured by the respondent for a period from 5.6.2006 to 4.6.2007, which suffered a road accident on 29.6.2006 and was damaged. When it was repaired, then Rs. 63,865/ - were spent by the appellant herein, but the Insurance Company had paid only Rs. 15,000/ -, as per assessment of the second Surveyor. The case of the complainant before the District Forum, was that earlier another Surveyor, was appointed, who assessed much more amount of loss and whose report had not been produced by the Insurance Company before the District Forum. Whereas the case of the Insurance Company was that only one Surveyor Shri Lokesh Kumar Nayak, was appointed for assessment of loss. Shri Mukund Sahu was Spot Surveyor, who inspected the vehicle at spot and lastly after repair of the vehicle, one other Surveyor inspected the vehicle and assessed the value of salvage.
(3.) LEARNED District Forum, after having considered the evidence of both parties, observed that the dispute between the parties, was only in respect of amount of compensation and it does not come in the category of consumer dispute and on the basis of this observation, dismissed the complaint. Learned Counsel for the appellant, at the outset submitted that final arguments were heard by the District Forum on 7.8.2007 and then after more than one year on 17.9.2008 order had been passed, which was bad in law in view of pronouncement of Hon ble Supreme Court in case of Anil Rai v. State of Bihar, 2001 AIR(SC) 3173;