Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member

None is present for the appellant and respondent.  This appeal is of 2003.  After filing of the appeal matter was lying unattended.  As per policy of this Commission, this unattended appeal was placed on board on 17/08/2011.  On that day intimation of the date was published on Notice Board of this Commission and also displayed on the Internet board of this Commission, but by way of abundant precaution we directed office to issue notice by post. Accordingly, by ordinary post notices have been sent to both the parties. Notices were issued on 13/01/2012 but none is appearing on behalf of both the parties.  Hence we decide to dispose of this appeal on merits.

We perused the impugned judgement passed by the District Consumer Disputes Redressal Forum, Nasik.  Appellant was complainant in forum.  He owned Jeep no.MH-15-K-6759 and he had taken comprehensive insurance cover from the Insurance company /respondent herein. Said jeep met with an accident on 9^th and 10^th March 1998.  Intimation about the same was given to police and to the Insurance Company.  Car was got repaired and complainant lodged the insurance claim.  Accordingly, Insurance Company appointed surveyor. Surveyor assessed the loss to the extent of `97,832/-.  However, despite surveyor’s recommendation Insurance Company/respondent herein was pleased to repudiate the claim of the appellant on the ground that the said vehicle was used for hire and reward.  On repudiation of the claim, complaint was filed in the District Consumer Disputes Redressal Forum.  Complaint was dismissed after hearing both the parties on 28/02/2003, hence complainant filed this appeal. 

We have perused the impugned judgement.  We are finding that defence raised by the Insurance company that vehicle in question was used for hire and reward was clearly established by placing evidence of one of the passengers who was traveling in ill fated vehicle when vehicle met with an accident.  Therefore repudiation made by the Insurance Company was held to be just and proper.  Forum was therefore pleased to dismiss the complaint.  We are finding no substance in the appeal. Dismissal of the complaint by the forum is just and proper.  It is sustainable in law.  Hence the following order:-

                                      ORDER

Appeal is dismissed.

No order as to costs.

Inform the parties accordingly.

Pronounced on 23^rd January, 2012.