ORDER

C.C. Pant, Member - This appeal is directed against the order dated 5.2.2007 passed by the District Consumer Forum, Udham Singh Nagar in Consumer Complaint No. 59 of 2004. Vide its majority decision, the District Forum had dismissed the complaint.

2. In brief, the facts of the case leading to filing of the consumer complaint are that the appellant-complainant had purchased a mini truck Tata 1109, in the year 2002 bearing the registration No. U.A. 03/0921. The vehicle was insured with the respondent No. 1 the insurer under the policy cover note No. 31/2003/448 and was effective for the period from 8.5.2002 to 7.5.2003. The vehicle met with an accident on 3.11.2002 between Bagarihat and Khulbiyari near Joljibi, Thana Askot, District Pithoragarh and got badly damaged. The cause of the accident, as stated by the complainant, was failure of the vehicle's brakes. Appellant informed the insurer immediately and lodged a claim for the loss. A spot survey was conducted by the Surveyor on 6.11.2002 and the photographs of the accidented vehicle were also taken on 22.11.2002. As stated by the appellant, on the basis of the Surveyor's report the insurer had offered the appellant a sum of Rs.