Thiru Justice A. Raman, President—The power tiller belonging to the complainant which was insured with the opposite party was damaged in a fire accident on 3.7.1997. The complainant got it repaired at a cost of Rs. 20,000/-. The complainant made a claim to the opposite party who repudiated it on the ground that the complainant has not chosen to inform about the accident immediately and thus there is breach of condition.

2. It is seen from the records that the complainant informed the opposite party about the accident only on 3.12.1997. It is to be pointed out that the opposite party chosen to reply to the complainant only on 27.8.1998 repudiating the claim. The failure to respond to the claim immediately or settle it or repudiate it within a reasonable time amounts to deficiency in service. Therefore, the very act of the opposite party in taking their own time in such small matters like that of the complainant amounts to sheer deficiency in service. Therefore, that there is deficiency in service cannot be denied. The opposite party would conveniently hide under the conditions of the policy. One of the conditions of the policy says that notice shall be given immediately in writi