​           Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

2.        Heard learned counsel for the appellant.

3.        The case of the complainant in nut shell is that the complainant being the owner of the vehicle Tata Indigo CSLS TDI private car  (SparkIn gold)bearing Regd.No.OR-18-B-3250 has purchased policy from the O.P for the period commencing from 15.05.2011 to 14.05.2012 with IDV of vehicle for Rs.3,10,000/-.It is alleged inter alia that the vehicle met with an accidenton 30.07.2011 at Avanam Village Junction under Bhogapuram Mandal of Vizianagram under Andhra Praesh. The matter was reported to the Police and Insurance company. The vehicle was  repaired by M/s Sitaram Motors. The complainant made several request to settle the claim but the O.P did not response. So the complaint was filed.

4.        The O.P  appeared through their advocate  but  did not file written version  for which they were set exparte.

5.        After hearing of the complainant the  learned District Forum has passed the following order which as follows:-

Xxx                     xxx                        xxx

In the result with these observations. Finding ,discussions the complaint petition is allowed exparte against the O.Ps.

            The O.ps are ordered to pay the repairs and replacement of parts bill amount of Rs.1,97,500/- to the complainant as per the contract of Insurance along with interest @ Rs.10%  per annum from the date of accident i.e from dated 30.07.2011 till realization. The O.ps are also ordered to pay Rs.20,000/- towards compensation and litigation expenses.

            We therefore issue a “Cease and desist”order against the O.ps directing them to stop such a practice forthwith and not to repeat the same in future.

            The O.ps are ordered to make compliance the aforesaid order within 40 days from the date of receipt of this order, failing which the complainant is at liberty to make further proceeding U/S 25 & 27 of the C.P.Act. Serve a copy of the order on the complainant and O.ps.”

6.        Learned counsel for the appellant submitted that  after issue of notice from the learned District Forum, they have deputed surveyor who computed loss of Rs.1,97,500/- and the same has been paid by the complainant. They could not appear due to unavaoidable circumstances. Therefore, he prays to  set aside the impugned order by allowing the appeal.

7.        Considered the submission.Perused the DFR and impugned order.

8.        It is admitted fact that during currency of the policy, the vehicle met accident, the surveyor was appointed. It is also admitted fact that they have paid  the amount for repairing. Therefore, he submitted that as per survey report, this matter has already been disposed of by them. The learned District Forum should have considered this fact. Therefore, he submitted to set aside the impugned order by allowing the appeal. Since the amount has already been paid as per the appeal memo and the surveyor report is the best document to compute the loss, we hereby confirm the impugned order,by modifying the same directing the O.P to pay the settled amount of Rs.1,18,000/-  which has already been paid ,but compensation amount of Rs.20,000/-  (Rupees twenty thousand) has to be paid to the complainant because of harassment meted out to the complainant and compelled him to file the consumer case.

         The appeal is disposed of accordingly.

       Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.