Karnataka

Mysore

CPA/92-93/209

N.S. Biddappa - Complainant(s)

Versus

United India Insurance Company - Opp.Party(s)

M.S. Biddappa

21 Nov 1997

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE
No.1542/F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysore-570009.
consumer case(CC) No. CPA/92-93/209

N.S. Biddappa
...........Appellant(s)

Vs.

United India Insurance Company
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

None of the parties are present when called out. The complainant has filed this complaint against the opposite party claiming compensation of Rs.9,882.45 paise as the Marutivan of complainant met with an accident. The survayer has assessed the repairs and arrived at Rs.13,669.73 paise and it appears that the claim of the complainant has been settled for Rs.13,285/-. It is the case of the opposite party that the complainant received payment of Rs.13,285/- in full and final settlement of the claim and passed the discharged voucher in favour of opposite party. And as such the complaint is not maintainable vide 1994 (111) CPJ 165. More over the question of deficiency is not involved in present case, and in motor accident cases, the claiming tribunal have exclusive jurisdiction to settle and entertain such dispute, vide 1995 (I) CPJ 11. Having regard to the facts and circumstances of the case we have no jurisdiction to entertain the complaint for the reasons mentioned above. In the result and for the foregoing reaons we dismiss the complaint being not maintainable. There is no order as to costs.