This case is filed by the complainant against opposite party for deficiency of service. The case os complainant in brief is that complainant is owner of Motor Vehicle bearing Registration number AS-02/K-0747 (Swift LDI) which was purchased on 28/01/2013 and duly insured by New India Insurance Company Limited, Nagaon branch policy number 31260031120100570361 valid upto 27/01/2014 midnight. It is stated that on 04/06/2013 the said vehicle met with an accident Khutikatia Nagaon on NH-37 for which the frony side of vehicle is totally damaged and complainant on 05/06/2013 made insurance claim for damage through R.D. Motors Khutikatia Nagaon and after repairing the vehicle was delivered to complainant and complainant had to make payment Rs.9469.00 (Nine Thousand Four Hundred Sixty Nine) only which is totally illegal because according to the policy if vehicle is damaged within a period of six months from the date of purchasing the rate of depreciation is nil i.e.0% when complainant came to know about the illegally of opposite party, he came to opposite party number 1 and requested to return the amount paid by the complainant but opposite party did not hear the complainant and refused to return the claim amount. 

There after complainant served the legal notice to opposite party 18/07/2013 and 27/08/2013 respectively within 15 days from the date of receiving notice notice but complainant did not pay any hid for which complainant has filed this case in this Forum for the deficiency of service of opposite party in dealing with insurance claim. 

Notice was issued to opposite party which which was duly served but opposite party did not contest thi case. Hence this case is heard exparte. Complainant has submitted one affidavit as examination in chief anbd exhibited the all relevant documents. We have heard complainant abnd perused the case record. 

In the evidence complainant has also exhibited the following documents. Exhibit 1 is insurance certificate, exhibit 2 money receipt. Exhibit 2( C) private car package policy. On perusal of the above documents, it is found that complainant had valid policy at the time of accident. The vehicle was purchased on 28/01/2013 and accident and accident took place on 04/06/2013 and as the accident took place within the pyurchase of six months, the rate of depreciation is nil. 

As complainant claim the policy from the opposite party has to return back money not given any reply. In absence of any rebuttable evidence the case of complainant is prime face proved. 

Hence prayer of complainant is allowed. Opposite parties are jointly liable to pay the amount Rs.9469.00 (Nine thousand four hundred sixty nine) only with 6% interest from the date filing the case. In addition to this a compensation amount Rs.5000.00 (Five thousand) ony imposed for harassing complainant including cost of proceeding. This case is dosposed accordingly. Inform to opposite party.