Date of Filing :12.05.2024

Date of Disposal : 24.05.2024

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED:24.05.2024

PRESENT

Mr K B. SANGANNANAVAR: PRI. DIST & SESSIONS JUDGE (R )- I/C PRESIDENT

Mrs DIVYASHREE M: LADY MEMBER

APPEAL NO.1293/2024

The Manager

The AIG General Insurance Company Ltd.,

No.1-18/A, 5^th Floor

Mahagaonkar Complex

District Court Road

Near S.B. Petrol Bunk

Kalaburgi-585 101

(By Mr Prashanth T Pandit, Advocate)                           Appellant                                                 

-Versus-

Sri Devappa Basappa Nadigeri

Age 31 years

Occ: Agriculture

Madharaki, Ganesh Nagar

Shapura Taluk

District Yadagiri

Kalaburagi-585 101                                                    Respondent  
                                                                                                                                     

   -:ORDER:-

Mr. K B. SANGANNANAVAR: I/c PRESIDENT

1.       This is an Appeal filed under Section 41 of Consumer Protection Act, 2019 by Complainant aggrieved by the Order dated 08.02.2024 passed in Consumer Complaint No.67/2023 on the file of District Consumer Disputes Redressal Commission, Kalaburgi (for short, the District Commission).

2.       The Parties to this Appeal will be referred to as their rank assigned to them by the District Commission.

3.       The matter is set to hear on admission.

4.       The Commission heard learned counsel, perused the impugned order and grounds of Appeal.

5.       The learned counsel for Appellant submits that as per survey report, damages are assessed at Rs.37,959/-.  However, District Commission assessed on par with IDV at Rs.50,000/- without recording any reasons.  Thus, considering such grounds, since we did not find any other reasons either to reject or not consider the survey report. Further we did not find any reasons recorded to arrive at Rs.50,000/- in excess of the survey assessment. In such view of the matter, it would be just and proper to dispense with issuance of notice of this appeal to the respondent to avoid further delay and save time and money. Accordingly proceed to modify the impugned order passed by District Commission in the following terms.

          Appeal is allowed. Consequently, Impugned Order dated 08.02.2024 passed in Consumer Complaint No.787/2013 on the file of District Consumer Disputes Redressal Forum, Kalaburgi is hereby modified with a direction to the OP to pay Rs.37,959/- along with interest at 6% p.a. from the date of repudiation till realisation and do pay Rs.5,000/- as compensation towards mental agony and Rs.5,000/- as litigation costs within 60 days.  Failing which, this amount shall also carry interest at the rate of 6% p.a from the date of complaint till realisation.  

          It is hereby permitted the complainant to retain motor cycle bearing registration No.KA-33-A-8311 along with RC.     

The amount in Deposit is directed to be transfer to the District Commission for the needful.

Send a copy of this Order to the District Commission and the parties concerned.

 Lady Member                           I/c President                      

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