Heard learned counsel for both the sides.

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.        After going through the pleadings of both the parties, it appears that the complainant being the owner of Tractor and Trolley bearing No. OR-03C-6292 and OR-03C-6293 has purchased a policy from the opposite parties no. 1 and 2 for the risk period commencing from 12.12.2009 to 11.12.2010 on payment of due premium. It is alleged inter alia that on 13.12.2009, the vehicle met with an accident. Thereafter, the matter was informed to the police. The complainant only informed the opposite parties no. 1 and 2, but no action was taken for which the complainant filed the complaint petition due to non-action by the opposite parties.

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

                “xxxx              xxxx

                In view of our discussion made above, the O.Ps 1 and 2 are directed to make payment of the insured amount of Rs.2,50,000/- to the O.P.No.3 within a month from the date of receipt of this order, failing which the amount shall carry interest @ 10% per annum till payment. Further, the complainant is directed to hand over the damaged tractor to the O.P.No.1 at his office within 15 days from the date of  receipt of this order and the O.P.1 will treat the said damaged tractor as salvages.

                In the facts and circumstances of the case, the parties are directed to bear their own cost.”

5         In view of the above observations of the learned District Forum, the order passed in the last part of the impugned order is not tenable because when the complainant has not produced the vehicle, the question of award of any compensation does not arise. However, the complainant is directed to supply all the documents to opposite parties no. 1 and 2, who shall settle the claim within 45 days. Hence, we modify the impugned order by directing the opposite parties no.1 and 2 to settle the claim of the complainant and the complainant is also directed to produce necessary documents before the opposite parties no.1 and 2.

           The entire process will be completed within 45 days from the date of receipt of this order failing which impugned order would be revived.                     

6.        The appeal is disposed of accordingly. 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.