Heard learned counsel for the appellant.

2.        Captioned appeal is filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.        The brief facts of the case of the complainant is that complainant being the owner of Alto Maruti Car bearing Registration No. OR-02-AB-6362 has purchased a policy for the vehicle from the opposite party covering the period from 7.12.2006 to 6.12.2007. It is alleged inter alia that on 17.12.2006, the vehicle met with an accident at Titilagarh Road. Thereafter, the claim was filed, but it was repudiated without any reason. The opposite party settled the claim at Rs. 23,050/-. The complainant did not agree with the amount as he has already spent Rs. 55,658/-. Therefore, challenging  the settlement, the complaint petition was filed.

4.        The opposite party filed written version stating that they have initiated the matter and surveyor has computed the loss at Rs.27669/-, but they have settled the claim at Rs. 23,050/-. Since they have settled the matter, there is no deficiency on their part.

5.        After hearing the parties, learned District Forum passed the following order:-

           “xxxxx                 xxxxx

           “ Accordingly, complaint allowed and ordered as follows:-

           The Opposite Party are directed to pay the balanced amount of Rs. 32,608/- (Rupees Thirty Two Thousand six hundred eight) only including 9%(nine percent) interest since dated 9.7.2007 to the date of this order and Rs. 1000/- (Rupees One thousand) only towards the cost of the case to the complainant within 30 (thirty) days from the date of this order or else the complainant is entitled to 18% (eighteen percent) interest per annum on the awarded amount till the date of payment.

           Complaint disposed of.”

6.        Learned counsel for the appellant submitted that learned District Forum committed error in law by not taking the written version into consideration. According to her, there is already computation of loss of Rs. 23,050/-, but  the learned District Forum coming to hold Rs. 55,658/- basing on the bill submitted by the complainant. She submitted that the loss computed by the Surveyor should be taken into consideration. Therefore, she submitted to set aside the impugned order by allowing the appeal.

7.        Considered the submissions, perused the DFR including the impugned order.

8.        It is admitted fact that during the currency of the policy, the vehicle met with an accident. The Surveyor computed the loss at Rs. Rs.27669/-. It is admitted fact that the complainant had submitted a bill of Rs. 55,668/- towards repairing of the vehicle. Now the only question arises as to whether there is deficiency of service on the part of the opposite party.

9.        Survey Report was filed during the course of hearing of the appeal. It appears  from the Survey Report that a sum of Rs. 27,669/- has been assessed by the Surveyor and not Rs. 23,050/-. Besides, we find  from the Survey Report that the Surveyor has deducted 50% and 15% as depreciation which has no meaning at all. The opposite party seems to have only paid Rs. 23,050/- instead of Rs. 27,669/- as found by the Surveyor. The documents filed by the complainant only shows the invoice, but no cash receipt has been filed.

10.     Moreover, it is found that a sum of Rs. 23,050/- has already been paid to the account of the complainant, but the complainant has not received the same.

11.     Be that as it may, the Surveyor’s report being prepared and there is no sort of doubt on the assessment of the Surveyor’s report, we hereby accept the Surveyor’s report. Hence, the impugned order has to be confirmed.

12.     While confirming the impugned order, we modify the impugned order by directing the opposite party to pay Rs.27,669/- from the date of impugned order till  the date of payment. If any amount already paid to the account of the  complainant, the same should be deducted. The rest of the impugned order will remain unaltered.

13.     The appeal is accordingly disposed of. No cost.  

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.