Oral

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No. 1442 of 2010

Oriental Insurance Co. Ltd., Regional Office,

Hazratganj, Lucknow through the Manager.       …Appellant.                                                                         

Parvateshwar s/o Late Chedi Lal,

R/o 1-90 Banduhar, PS, Kotwali,

Distt. Unnao.                                                .…Respondent.

Present:-

Hon’ble Mr. Justice Ashok Kumar, President.

None appeared for the parties.

Date   30.8.2024

JUDGMENT

Per Mr. Justice Ashok Kumar, President: The case is called out. The instant appeal is pending since last about 15 years. The appeal is arising out of the judgment and order dated 22.6.2010 passed in complaint case no.220 of 2007.

          Briefly the facts of the case are that the complainant has purchased a tractor. While going on 21.2.2007 at around 3.40 p.m., the steering of the tractor was not operational, as such, failed, therefore, the tractor went in a Nala and damaged on account of the said accident. The tractor was insured at the time of accident which was repaired at Krishna Motors, Babuganj, Unnao for which a sum of Rs.27,137.00 was paid towards repairing charges. A claim was made. However, on the basis of survey the claim has been accepted only to the extent of Rs.7,928.00 as against Rs.27,137.00.

          Aggrieved by the said survey report, a complaint has been filed before the ld. District Consumer Commission. The ld. District Consumer Commission after detailed enquiry and consideration of the submission of the respective parties arrived at the conclusion that a sum of Rs.20,209.00 was the total expenses occurred on account of the repairing of the tractor and accordingly, the complainant has been allowed imposing the cost of Rs.5,000.00 towards penalty and Rs.1,500.00 towards to cost of the case.

          Aggrieved by the said order, the instant appeal has been preferred. No one is present on behalf of the insurance company.

          I have gone through the entire material available on record and the judgment, I find no reason to interfere in the said judgment. The judgment is fully legal needs no further any change.

          Accordingly, the appeal is dismissed.    

If any amount is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be remitted the ld. District Consumer Commission concerned for satisfying the decree as per rules alongwith accrued interest upto date.

          A certified copy of this order be made available to the parties as per rules.

          The Stenographer is requested to upload this order on the website of this Commission at the earliest.

                                    (Justice Ashok Kumar)                                            

                                                President                                    

JafRi, PA I

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