Heard Learned Counsel on behalf of appellant.   

2.     This appeal has been filed U/S-41 of Consumer protection Act 2019 (Hearin after called the Act) 2019 against impugned order passed by Learned District C.D.R, Commission, Bhadrak. The parties are referred in complaint case may be read as same in this appeal for convenience.

3.   The case of the complainant in nut-shell is that the complainant being owner of the tractor bearing No. OD22E 41442 has purchased policy for the vehicle from O.P for covering the period of 31-12-2016 to 31-12-2017.It is alleged interalia that the vehicle met accident on 19-01-2017 at Balimunda under Naikanidhi police station. Thereafter, the matter was informed to the surveyor. The O.P in spite of computing loss did not setlle the claim so, the complaint was filed.

4.    O.P filed written version stateing that they have deputed surveyorwho computed the loss but the

Complainant did not submit documents. Therefore there is no deficiency in service on the part of the O.P.

5     After hearing of both parties Learned District Forum pass the following order.

“The Complainant be and the same is allowed on contest against OP with compensation and cost. OP is diected to settle the claim for Rs. 2,86,400/- together with compensation of Rs. 5,000/- for mental agony and harassment and Rs. 3000/- as cost of litigation within 30 days from the date of receipt of this order . Failure to complay this order will warrant interest @ 9% P.A on the order anount from the date of filing the dispute till date of final payment,”

6.     Learned counsel on behalf of appellant submitted that Learned District Forum committed error in law by not considering written version with proper prospectives because they have not considered the surveyors report at all. He further submits that the assessment made by the surveyor should be the basis of the settlement of the claim but production of the documents is also criteria to settle claim.as per the policy condition. Sincedocuments are not submitted, they are not able to settle the claim . Learned District Froum failed to understand to such fact and law. Therefore, he submitted to set aside the appeal by allowing the appeal.

7.     Considered the submission of the appellant, perused the DFR & impugned order.

8.     It is admitted fact that during course of policy vehicle met accident. It is also admitted fact that surveyor was deputed to compute the loss. O.P admittedly have not settled the claim on the ground that documents are not submitted by complainant. But said fact is not proved by O.P as survey has already gone through document to settle the matter so, deficiency in service by O.P for not settling the matter is proved.

9.     It is settled in law that the loss computed by the surveyror should be basis for computing loss. We have gone through the surveyor report, No mistake is noticed in his report.Therefore, accepting surveyor report by confirming the impugned order we direct the O.P to pay Rs. 2,86,400/- to the complainant within 45 day from today failing which it will carry @9% from the receipt of this order . Rest of the order will remain unaltered.

10.    Appeal is disposed of.

Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as if copy of order received from this commission.

          DFR be sent back forthwith.