Insurance case: Forum dismisses appeal

Upholding the order of district consumer forum, State consumer disputes redressalcommission dismissed the appeal of Sector-40 resident. 

Complainant Navneet Sharma, resident of Sector 40, had alleged that on March 12, 2009 he had parked his motorcycle in a paid parking lot in Sector 9, managed by municipal corporation. After parking his motorcycle the attendant issued parking receipt to him. Later when the complainant returned, he found his motorcycle missing from the parking lot. Thereafter, he lodged an FIR. 

MC in its reply stated that the complainant did not talk to the parking attendant at the parking lot or MC, at the time of incident. He also did not contact the parking in charge, whose telephone number was displayed on the board. It was further stated that the duty of the attendants, at the parking lot, remained for 12 hours, from 9am to 9pm and since the complainant himself came back at around 10:45pm, on the date of incident, therefore, MC was not at all responsible for any deficiency in service. District consumer forum has awarded Rs 5,000 as compensation to the complainant but not satisfied with the amount, complainant had approached the commission. 

Commission in its order stated that complainant did not intentionally supply the complete and correct address of the insurance company, so as to prevent the production of evidence by the company, as to whether he had claimed any insurance amount, from it, regarding the theft of motorcycle or not. The complainant might have received compensation from the insurance company also. Under these circumstances, by granting huge amount of compensation, he was not required to be enriched by the district forum. The order of the district forum, does not suffer from any illegality or perversity, warranting the interference of this commission. 

Finally commission dismissed the appeal for enhancement of compensation with the cost of Rs 3,000.