Heard learned counsel for  the appellant. None appears for the respondent.

2.      Here is an appeal filedu/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to these appeals shall be referred to with reference to their respective status before the learned District Forum.

3.      After going through the pleadings of both the parties,  it is fund that the complainant being owner of  vehicle bearing Registration No. OR-05L-2855 has purchased insurance policy from the OP covering the period from 8.1.2002 to 7.1.2003 on payment of due premium. It is alleged that the vehicle was stolen away on 10.1.2002 and the matter was informed to the police on 11.1.2002. Thereafter, the matter was informed to the insurer on 21.1.2002 but it was not settled. So, the complaint was filed.

4.      OP took the plea that the vehicle has been insured by the present insurer  and the United India Insurance Company Limited . The complainant has not disclosed about the dual policy before the OP and thereby suppressed the material fact for which the claim was repudiated as “no claim”.

5.      After hearing both the parties, the learned District Forum passed the following order:-
                   “xxx     xxxxxx

In the light of the above, the insurance company is directed to pay the aforesaid amount of Rs.36,450/- and Rs.1000/- as compensation and cost of litigation to the complainant within 30 days from the receipt of the order and after the date the entire amount shall carry 12%  interest per annum till final payment.”

6.      Learned counsel for the appellant submitted that the learned District Forum has committed error in law by not considering the policy of other insurer and only directed the present insurer to pay the entire amount. However, during course of argument learned counsel for the appellant submitted to set aside the impugned order by allowing the appeal.

7.      Considered the submission of learned counsel for the  appellant and perused the impugned order including the DFR.

8.      It is revealed from the impugned order that the appellant has failed to establish his plea. The last para of the learned District Forum is as follows:-

                   “xxxxxxxxx

Admittedly the vehicle was purchased on 1.3.2001 and was stolen away on 10.3.2002. So in our view the alleged vehicle was 1 year 2 month old one. Hence, OP to pay thecomplainant deducting of 10% as deprecation value on the total insured amount i.e.

                    Total insured’s estimated value Rs.40,500/-

                   10% Depreciation (-)                 Rs.  4,050/-

Total Rs.36,450/-“

9.      When the conclusion of other insurer is not proved and the OP has made calculation, we accept the same. Therefore, the appeal is devoid of any merit and stands dismissed. The necessary order passed by the learned District Forum should be complied within 45 days.

          DFR be sent back forthwith.

          Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.