- (1.) THIS revision application arises from order dated 24th June, 2004 rendered by the learned Vadodara District Consumer Disputes Redressal Forum rejecting the application/affidavit in reply from the opponent Insurance Company in pending complaint bearing Consumer Protection Case No. 18/2003.
(2.) BY consent of the learned Advocates for the parties this application is granted by condoning delay in filing reply of the applicant while awarding cost quantified at Rs. 500/ - to be paid to the complainant (respondent herein) or to be deposited in this Commission by way of demand draft within six weeks from today.
(3.) BY consent of the learned Advocates for the parties we have also taken up the original complaint bearing Consumer Protection Case No. 18/2003 for disposal on merits. The complainant had purchased Icon Car in question described also as the vehicle in question, for the consideration of Rs. 6,50,000/ - in July, 2000 and got it insured with the opponent Insurance Company. The insurance was renewed for the period from 4.7.2001 to 3.7.2002 during which period it met with accident while on road between Manjalpur and Vadodara. On its way to Vadodara the accident occurred when the car was proceeding through the New G.I.D.C. road when a Tata Mini Truck coming from the opposite direction was likely to collide with the vehicle in question and while the driver of the vehicle in question was trying to take it on the side of the road where there was a pit which could not be seen on account of collection of water. The car accordingly met with accident as it was thrown into the pit. It was taken to the dealer, Amin Ford Motors Pvt. Ltd. who gave estimate of repairs. The complainant accordingly made claim with the opponent Insurance Company on 19.7.2001. The opponent Insurance Company entrusted the matter to the Surveyor Mr. Kirti V. Vyas who assessed the loss at Rs. 31,217/ - payable by opponent Insurance Company to the complainant. Opponent Insurance Company, however, opted to intimate the complainant no claim on the ground that the loss that occurred to the complainant s vehicle in question was consequential and could not be found to have been covered under the policy of insurance in question. The complainant challenged the repudiation of claim so intimated by the opponent Insurance Company on or around 5.7.2002 by filing complaint before the learned Forum and prayed for compensation in the sum of Rs. 61,719/ - being the cost of repairs, compensation in the sum of Rs. 25,000/ - on the head of mental agony and cost in the sum of Rs. 5,000/ - while also prayed for interest @ 15% p.a. from 31.7.2001 on the main claim.;