Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member Heard both the counsels for admission. This appeal is for enhancement of the compensation awarded on account of alleged deficiency in service on the part of respondent to repudiate the claim in respect of repairs of Sonographpy machine. Sonography machine which was insured vide Electronic Equipment Insurance policy became unfunctional on 28/10/2004. Appellant/complainant consulted Blue Mark Medical System, Ichalkaranji for its repairs. They have opined that power supply unit of the said sonography machine needs to be replaced. However, the machine could not be repaired immediately for want of spare parts, which are not readily available. Thereafter, other Mechanic at Pune was approached for the repairs of the machine. Machine got repaired accordingly at the alleged cost of Rs.1,05,000/-. Insurance claim made was repudiated and, therefore, appellant/complainant initially approached Ombudsman, who directed to grant compensation 40% of Rs.95,176/- of the survey report. Since that amount was not paid, consumer complaint was filed. Forum below awarded compensation as opined by Ombudsman but not satisfied with the same, this appeal is preferred. We made specific enquiry from the appellant/complainant to the effect as to what evidence he led under section 13(4) of Consumer Protection Act, 1986 to prove his claim for compensation. Only answer was that the necessary bills of repairs were submitted to the surveyor and they relate to the assessment of the damages by the surveyors. This statement is particularly insufficient to claim enhancement to show what has been awarded is arbitrary and not proper. It is the basic responsibility of the complainant to establish the fact as to the nature of repairs, expenses actually incurred and the justification for enhancement. Such evidence is not there. Mere statement of a surveyor to which even the complainant do not subscribe fully, will not come to the help of the complainant. There is no appeal preferred by the Insurance company. After taking into consideration amongst other factors and the opinion expressed by the ombudsman, we find no reason to interfere with the impugned order and the judicial discretion used by the forum below accordingly. Hence the order:- ORDER 1. Appeal is not admitted and stands rejected accordingly. 2. No order as to costs. 3. Copies of the order be furnished to the parties. |
