A.K.ANNAMALAI J. - (1.) The Respondent as complainant filed a complaint before the District Forum, Chennai(North), alleging deficiency against the opposite party to pay the purchase price, to pay Rs.7,000/- as compensation for mental agony, pain and sufferings and to pay Rs.4,000/- towards cost of litigation. The District Forum, allowed the complaint against the opposite party. Against the said order, this appeal is preferred by the opposite party, praying to set aside the order of the District Forum, Chennai(North), dated 20.08.08 in C.C.No.139/2007. This appeal coming before us for hearing finally on 11.04.2011, upon hearing the arguments of the counsel on both sides, and perused the documents, written submissions as well as the order of the District Forum, this Commission made the following order :- The opposite party is the appellant.
(2.) The complainant/respondent filed a complaint against the opposite party before the District Forum claiming for the purchase price for the loss of two wheeler due to theft and for Rs.7,000/- as compensation for mental agony and Rs.4,000/- as cost of litigation.
(3.) The brief details of the complaint are as follows :- The complainant purchased a TVS Moped Motorcycle bearing registration No.02-K-4182 on 31.3.2001 for Rs.21,748/- and insured the vehicle with opposite party for a duly depreciated value in its estimation at Rs.7,000/- for the period from 24.9.06 to 28.4.07 under the comprehensive cover paying a premium of Rs.294/- P.A. On 23/24.6.06 night the vehicle was stolen and complaint was registered in FIR No.1029/2006 with F5 Soolaimedu Police Station and also RTO intimation was given. After obtaining a non traceable report from police dated 9.11.06 the claim was made to the opposite party on the basis of insurance and the opposite party approved a claim of Rs.4,000/- against the insured value of Rs.7,000/- seeking as undertaking both subrogating rights etc., and as the complainant not accepted the offer for Rs.4000/- and claiming the entire purchase value of the vehicle along with compensation and cost as stated above come forward to file a complaint before the District Forum.;