ORDER  

Date of Order:   11-12-2017

Upendra Jha, Member

                   1.            This appeal is directed against the order dated 12-06-2017 passed by District Consumer Forum, Vaishali, Hajipur in Misc Case No. 07 of 2012 by which the appellant is directed to pay the respondent a sum assured amount Rs. 2,13,000/- (Rupees two lacs and thirteen thousand only) within 30 days. The Misc Case No. 07 of 2012 was filed before the District Forum in compliance of the order dated 29-07-2011 passed by the District Forum and order affirmed by this Commission vide order dated 05-04-2016 in Appeal Case No.- 524 of 2011. However, this appeal is preferred for granting interest, compensation and litigation cost which were not provided to the complainant.

2.              Briefly stated, one Mini Truck was insured by the respondent-O.P. and it was stolen. When the claim was not settled by the Insurance Company, the complainant filed a complaint case before the District Forum, Vaishali vide order dated 29-07-2011 in Complaint Case No.- 66 of 2009, the District Forum passed the order allowing the claim on non-standard basis i.e. 75% of the assured amount. No. interest , no compensation and litigation cost was awarded. If the complainant was aggrieved with this order, he was to prefer appeal before this Commission. But, the complainant has filed appeal against the order dated 12-06-2017 in Execution/Misc Case No.- 07 of 2012 passed  by the District Forum for enhancement of the claim amount i.e interest, compensation and litigation cost. In Misc Execution Case, the District Forum has rightly passed the order and has not allowed interest, compensation and litigation cost. Hence, the District Forum order dated 12-06-2017 is affirmed and the appeal is dismissed.

 S.K. Sinha                                                            Upendra Jha

            President                                                                        Member

        Anita