ORDER

R.S. Sharma, President. - This appeal is directed against the order dated 22.08.2014, passed by District Consumer Disputes Redressal Forum, Raipur(C.G.) (henceforth "District Forum") in Complaint Case No.266/2013. By the impugned order, the learned District Forum, has dismissed the complaint of the appellant (complainant).

2. Briefly stated the facts of the case are that the appellant (complainant) is a businessman and he has obtained insurance policy No.450300/31/10/0100008274 for his vehicle bearing registration No.C.G.04-HC-3950. The premium of the policy was Rs. 12,643/- and the sum assured was Rs.4,87,296/-. The policy was effective for the period from 06.01.2011 to 05.01.2012. On intervening night of 21-22/04/2011, the vehicle of the appellant (complainant) was stolen by some unknown person from his residence D-15, Sector -1, Raipur. The appellant (complainant) made complaint in Police Station Devendra Nagar, Raipur, where Crime No.58/11 was registered . The Police investigated the matter and tried their level best to search the vehicle and accused, but when they did not trace the vehicle, then Final Report (Khatma Prativedan) No.19/11, was registered by the Police. The appellant (complainant) submitted claim form before the respondent (O.P.) and the respondent (O.P.) paid a sum of Rs.3,46,824/- to the appellant (complainant) and a sum of Rs. 1,40,472/- is still payable by the respondent (O.P.) to the appellant (complainant). On 18.04.2013, the appellant (complainant) sent a letter to the respondent (O.P.) for making payment of the remaining amount and on 24.04.2013 the appellant (complainant) sent letter in writing to the respondent (O.P.). On 09.05.2013, the appellant (complainant) sent legal notice to the respondent (O.P.) through Advocate but the respondent (O.P.) did not give any reply thereof. The appellant (complainant) contacted the respondent (O.P.) several time for obtaining remaining amount, but the respondent (O.P.) did not pay the same to him due to which the appellant (complainant) suffered mental agony and the said act of the respondent (O.P.) comes within purview of deficiency in service. Therefore, the appellant (complainant) filed consumer complaint before the District Forum and prayed for granting reliefs, as mentioned in the relief clause of the complaint.

3. The respondent (O.P.) filed his written statement before the District Forum and averred that the appellant (complainant) left his vehicle unattended in the road outside his house without taking any safety measure. The appellant (complainant) violated the terms and conditions of the insurance policy. The respondent (O.P.) had paid 75% of the Insured Declared Value of the vehicle to the appellant (complainant) i.e. Rs. 3,46,824/-. The appellant (complainant) is not entitled for getting remaining insured value Rs.1,40,772/- from the respondent (O.P.).

4. After having considered the material placed before it by both the parties, learned District Forum, dismissed the complaint by the impugned order.

5. The appellant (complainant) filed documents. Document Annexure A-1 is Motor Vehicle Cover Note issued by the New India Assurance Company Limited, Annexure A-2 is First Information Report (Under Section 154 Cr. P.C.), Annexure A-3 is Bank Account details for claim payment through ECS/NEFT, Annexure A-4 is Vehicle Enquiry Reort, Annexure A-5 is claim towards insurance and letter of indemnity, Annexure A-6 is Police Investigation Report, Annexure A-7 is Summon from the Court of Judicial Magistrate First Class, Raipur (C.G.) in connection to Crime No.58/11, Annexure A-8 is letter dated 18.04.2013 sent by the appellant (complainant) to The Divisional Manager, The New India Assurance Company Ltd. Raipur regarding balance pay against theft claim of vehicle No.C.G.04.HC-3950, Annexure A-9 is legal notice dated 09.05.2013 sent by Smt. Indrani Chowdhury, Advocate on behalf of the appellant (complainant) to The Divisional Manager, New India Assurance Company