C.C-34/2018

17.07.2018                The case record is put up today on the strength of put up petition filed by the complainant as it was fixed for hearing on dtd. 25.07.2018.

The complainant filed this case against the O.P. as he had insured his Digital X-Ray machine and printer with the O.P. The insurance period is valid from dtd.22.04.2017 to 21.04.2018. The said machine stopped working since dtd.02.06.2017 regarding which the complainant informed to the manufacturer of machine namely Agfa (herein after referred as ‘company’) who inspected and found that the fault in printer occurred due to lightening causing passing of high voltage. The said company namely Agfa Health Care India Pvt. Ltd demanded Rs.52,278.45P which the complainant paid to the said company through cheque of HSBC Bank vide cheque No. 862682. The complainant informed to the O.P and submitted the required documents for early settlement of claim but O.P kept silent, hence this case.

                                    After being noticed the O.P appeared through his advocate and filed the written version and the case was posted for hearing.

                                    Before hearing the complainant and the O.P jointly filed a compromise petition dtd.09.07.2018 on the ground that they have settled the matter outside this Hon’ble forum with a condition that the O.P has agreed to pay Rs.52,278/- only to the complainant within a period of 15 (fifteen) days from the date of compromise petition i.e dtd. 09.07.2018. In case of failure by the O.P, the O.P shall be liable to pay interest @7% on the agreed amount to the complainant.

                                    Hence, basing on the compromise petition filed by both the parties the present complaint case is hereby allowed.

 Accordingly the case is disposed of.

                             Member(W)                            Member                                     President