O R D E R<br /> <br /> smt.Bindhu M.Thomas,<br /> <br /> The complainant's case is as follows:<br /> <br /> The complaint is the registered owner of a goods career, 2000 model Tata Model KPT 1613 Lorry bearing registration No.KL-7/AB-4947. The complainant purchased the abovesaid vehicle by awailing credit from the Financiar M/s.Sriram Investments Ltd. The entire liability of the financier has been cleared. The said vehicle was insured with the first opposite party through the Financier M/s,Sriram investments Ltd. as per policy No.411300/31/2006/13666 with validity period commencing from 24.11.2005 to 23.11.2006. The vehicle has a <br /> -2-<br /> goods carriage-National permit having area of operation in the states Karnaka, Tamil Nadu, Kerala and Goa. The said vehicle met with an accident on 9.3.2006 at 1 p.m. Within the Kadipure police station limit in the Kannur District. In the said accident the vehicle hit on an electric post and sustained property damage amounting to Rs.67,850/- by way of repair,reconditioning and replacement of damaged parts and caused third party damage to the KSEB for an amount Rs.13,710/-. The complainant informed the opposite party through the financiers and as per the instruction of the opposite party its surveyor conducted survey and filed report to opposite party on 12.4.2006. The complainant forwarded the claim form to the opposite party through his financier with all records and receipt of payment Rs.13710/- to the KSEB. The opposite party reimbursed Rs.13710/- paid to KSEB but failed to settle the complainant's claim for property damages. According to the complainant the opposite parties failure to settle the claim within a reasonable period of 45 days after the receipt of claim form amounts to deficiency in service on the part of opposite party. Hence the petitioner filed this petition seeking an order directing the opposite parties to pay Rs.46160/- with 12% interest towards property damages, Rs.15000/- towards damages for mental agony and cost of the complainant.<br /> <br /> The opposite party entered appearance but not filed any version. Hence opposite party was set exparty.<br /> <br /> Evidence consists of affidavit filed by the complainant nd exhibits A1 to A18.<br /> <br /> Points for consideration are:<br /> <br /> (i) Whether there if any deficiency in service or unfair trade <br /> -3-<br /> practice on the part of opposite parties.<br /> (ii) Reliefs and costs.<br /> <br /> Point No.1.<br /> <br /> As the opposite parties remained absent and failed to adduce any evidence, we are constrained to rely upon the evidence adduced by the complainant. The complainant could prove his case through his affidavit and documents marked as exhibits A1 to A18 marked. On persuing the documents we are of the view that non processing the claim of the petitioner indefinitely is a clear deficiency in service. No.1 is found accordingly. <br /> <br /> Point No.2.<br /> <br /> In view of the findings in point No.1. the complaint is allowed. The opposite party is ordered to process the claim within 30 days. If the claim is not processed within 30 days the opposite party will be entitled to pay Rs.50,000/- as compensation. The opposite party is also ordered to pay Rs.500/- as cost of proceedings.<br /> <br /> The opposite party will comply the order with within 30 days of receipt of this order.<br /> <br /> APPENDIX<br /> <br /> Documents of the complainant are marked as exhibits A1 to A18.<br /> <br /> Ext.A1 Copy of certificate of registration.<br /> Ext.A2 Copy of Motor Insurance certificate<br /> Ext.A2.a. Copy of policy document.<br /> Ext.A3 Copy of the goods carriage permit.<br /> Ext.A4 Copy of goods Dentry.<br /> Ext.A5 The copy of receipt of KSEB for Rs.13710/-<br /> Ext.A6 Copy of bill dated 14.10.06 for Rs.17500/-<br /> Ext.A7 Copy of bill dated 9.10.06 Rs.10125/-<br /> -4-<br /> <br /> Ext.A8 Copy of bill dated 10.10.06 for Rs.6000/-<br /> Ext.A9 Copy of bill dated 14.10.06 for Rs.5500/<br /> Ext.A10 Copy of bill dated 14.10.06 for Rs.12838/-<br /> Ext.A11 Copy of bill dated 14.10.06 for Rs.8155/-<br /> Ext.A12 Copy of bill dated 14.10.06 for Rs.364/-<br /> Ext.A13 Copy of bill dated 14.10.06 for Rs.1284/-<br /> Ext.A14 The copy of bill dated 14.10.06 for Rs.11232/-<br /> Ext.A15 Copy of surveyor report dated 12.4.06<br /> Ext.A16 Copy of lawyers notice<br /> Ext.A17 Postal receipt<br /> Ext.A17(a) Postal receipt<br /> Ext.A18 Acknowledgement card<br /> Ext.18(a) Acknowledgement card<br /> <br /> Documents of opposite parties.<br /> <br /> Nil.<br />