Mr. Justice V.K. Agrawal, President—By this appeal under Section 15 of the Consumer Protection Act, 1986, the order dated 9.3.2005 in Complaint No. 272/2004 by the District Consumer Disputes Redressal Forum, Durg (hereinafter called the ‘District Forum’ for short) dismissing the complaint, on the ground that the respondent/insurer has already paid to the complainant/appellant a sum of Rs. 3,73,500, towards settlement of his claim has been put under challenge.

2. The relevant facts necessary for the disposal of this appeal stated briefly are that, the complainant’s vehicle C.G.-07-C-1224, comprehensively insured for an assured sum of Rs. 8 lac with the respondent/insurer for the period from 20.3.2004 to 19.3.2005, met with an accident on 11.5.2004 on Bhopal-Hoshangabad Road, resulting in substantial damage to the insured vehicle. Intimation of the accident was given to the respondent/insurer by the complainant. The respondent/insurer appointed Surveyor, K.K. Sharma. He assessed the damage on total loss basis, less salvage value to the extent of Rs. 4,98,000. However, the complainant has been paid Rs. 3,73,500, as per respondents/insurer’s letter dated 2.9.2004 and the complainan