Heard Mr. H.R.nath learned counsel for the appellant. Also Mrs. T.Yangi learned counsel for the respondent.

In this appeal the appellant has assailed the order dated 24/07/2007 passed by the District Forum Shillong in consumer case  no. 9 of 2005.

The case in brief is that the appellant purchase a Maruti car having registration No. ML 05 C 8089 and the same was insured with the respondent and the Insurance Policy was valid from 03/06/2003 till 02/06/2004. The vehicle was valued at Rs. 2 lacs (Two Lacs) at the time of insurance and the appellant paid the annual premium of Rs.7,212 (Seven Thousand Two Hundred Twelve) for the said Insurance Policy. On 03/06/2003 at about 7.00 a.m., the appellant told his driver Shri Joseph Lyngdoh alias Raju to take the vehicle for servicing. the said driver did not return with the car in time and an FIR was filed on 03/06/2003 with the officer-in-charge of Laban Police Station and a case no 215(b) of 2003 under section 379 IPC was registered. The appellant also informed the respondent about the missing vehicle on 04/06/2003. The police investigated the case and could not recover the vehicle and police submitted a final report of the case on 30/09/2003.

The appellant  made a claim to the respondent for an amount of Rs.2 lacs (Two Lacs) but the claim was not accepted by the respondent.  the appellant therefore approached the District Forum claiming   compensation of Rs.2 lacs (Two Lacs) and also the sum of Rs.20,000 (Twenty Thousand) for pursuing the claim with the respondent and also a sum of Rs.36,000 (Thirty Six Thousand) for mental pain and also a sum sum of Rs.1 lac (One Lac) as compensation./ The case of complain is also that all the document pertaining to vehicle were kept inside the vehicle and all the document were also lost.

The records of the District Forum  shows that the respondent did not deny about the policy issued in respect of vehicle. The respondent clearly denies the other claim made by the appellant. The records also shows that no evidence was adduce by the appellant to prove the loss suffered by him. The insurance Policy was issued for the period from 03/06/2003 upto midnight of 02/06/2004. Thevehicle was issued on the next day of issuing of the insurance policy. Therefore, there could not be any loss on the part of the appellant due to the missing  of the vehicle except the cost of the vehicle.

After perusal of the records of the District Forum we find that there is no document or oral evidence to support the claim of the appellant for other reliefs. We have also examined the impugned order passed by the District Forum and we find that the justice has been given to the appellant by the District Forum for the loss of his vehicle. We therefore, find no reason to interefere with the judgment passed by the District Forum and the same is upheld.

Since the amount of this 2 lacs (Two Lacs) was already deposited before Dostrict Forum we directed the respondent to revalidate the cheque or to issue a fresh cheque for the amount of Rs. 2 lacs (Two Lacs) and deposit the same before the District Forum Shillong within a period of one month from today, failing which an interest of 12% per annum is to be paid by the respondent from the date of this order till final payment is made.