Haryana

StateCommission

A/249/2015

NEW INDIA ASSURANCE CO. LTD. - Complainant(s)

Versus

AMIT KUMAR - Opp.Party(s)

B.S.TAUNQUE

02 Sep 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  : 249 & 520 of 2015

Date of Institution: 11.06.2015 & 16.03.2015

Date of Decision : 02.09.2015

Appeal No.249 of 2015

 

1.      The New India Assurance Company Limited Regional Office, SCO No.36-37, Sector 17-A, Chandigarh through its Manager (Legal).

 

2.      The New India Assurance Company Limited near S.D. College, G.T. Road, Panipat through its Divisional Manager.

                                      Appellant-Opposite Parties

Versus

 

Amit Kumar, Proprietor of M/s Amit Textiles, House No.1797, Housing Board Colony, Sector 13-17, Panipat.

                                      Respondent-Complainant

 

Appeal No.520 of 2015

 

Amit Kumar Proprietor of M/s Amit Textiles, House No.1797, Housing Board Colony, Sector 13-17, Panipat.

                                      Appellant-Complainant

Versus

 

The New India Assurance Company Limited near S.D. College, G.T. Road, Panipat through its Divisional Manager.

 

                                      Respondent-Opposite Party

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.                                                                                                                              

Present:              Shri B.S. Taunque, Advocate for New India Assurance Company-Opposite Party.

                             Shri Rajbir Singh, Advocate for Complainant-Amit Kumar. 

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

This order shall dispose of afore-mentioned appeals bearing No.249  and 520 of 2015 because they have arisen out of common order dated February 6^th, 2015, passed by District Consumer Disputes Redressal Forum (for short District Forum),  Panipat, in complaint No.268 of 2013 filed by Amit Kumar.

2.      Appeal No.249 of 2015 has been filed by ‘The New India Assurance Company Limited’ (for short ‘Insurance Company’)-Opposite Party, for setting aside the impugned order and appeal No.520 of 2015 has been filed by complainant for enhancement of compensation.  

3.      The complainant got his factory “M/s Amit Textiles” insured with the Insurance Company from October 25^th, 2012 to October 24^th, 2010 vide Insurance Policy (Exhibit R-7).

4.      On April 29^th, 2013 at about 10.00 a.m., a fire took place in the insured factory. Fire Tenders were called and the fire was extinguished. Daily Diary Report No.17 (Exhibit C-5) was recorded in Police Post, Baljeet Nagar, Panipat on April 30^th, 2013.  The complainant gave intimation to the Insurance Company. The Insurance Company appointed surveyor.  The surveyor submitted his report (Exhibit R-3) assessing the loss of Rs.5,33,977/-. The complainant agreed to receive the sum assessed by the surveyor. He also gave his consent (Exhibit R-1).  Accordingly, the Insurance Company paid the sum of Rs.5,33,977/- on August 5^th, 2013 vide receipt Exhibit R-2, which was accepted by the complainant in full and final settlement of his claim vide receipt (Exhibit R-2) and Payment Voucher (Exhibit R-5).

5.      After receiving the compensation, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986, averring that the loss assessed by the surveyor was on lower side. He claimed compensation of Rs.19,60,408/- alongwith interest at the rate of 18% per annum,  Rs.25,000/- as compensation and Rs.11,000/- as litigation expenses.

6.      The Insurance Company contested the complaint by filing reply while denying the averments made in the complaint. It was stated that the complainant had received the compensation in full and final settlement of his claim.

7.      Vide impugned order, the District Forum accepted the complaint and issued direction to the Insurance Company as under:-

“………We hereby allow the present complaint with a direction to opposite party to pay Rs.5,80,390/- with interest @ 9% per annum from the date of filing the complaint till its realization. We further direct the opposite party to compensate the complainant to the tune of Rs.10,000/- for rendering deficient services, for mental agony and harassment etc. Cost of litigation quantified at Rs.3300/- is also allowed to be paid by the opposite party to the complainant. This order shall be complied within 30 days from the announcement of this order.”

8.      The question for consideration is whether the complainant had received the amount of Rs.5,33,977/- in full and final settlement of his claim or not?

9.      A perusal of the Consent Letter (Exhibit R-1) and Receipt (Exhibit R-2), clearly shows that the complainant had accepted Rs.5,33,977/-  in full and final settlement of his claim without any protest.  It was not the case of the complainant that execution of the aforesaid ‘Consent Letter’ and receipt was obtained by the Insurance Company under fraud, undue influence, misrepresentation etc.  So, he could not be allowed to reopen his claim.  

10.    In National Insurance Co. Vs. Boghara Polyfab Pvt. Ltd.(2009) 1 SCC 267, Hon’ble Supreme Court held as under:-

“25.   Where one of the parties to the contract issues a full and final discharge voucher (or no-dues certificate, as the case may be) confirming that he has received the payment in full and final satisfaction of all claims, and he has no outstanding claim, that amounts to discharge of the contract by acceptance of performance and the party issuing the discharge voucher/certificate cannot thereafter make any fresh claim or revive any settled claim nor can it seek reference to arbitration in respect of any claim.”

11.              In Aradhna Fabrics Pvt. Ltd., Through Sh. Ashok Avasthi, Managing Director Versus United India Insurance Co. Ltd. & Anr., 2015 (2) CPR 482 (NC), Hon’ble National Commission after relying upon a judgment titled New India Assurance Co. Ltd. vs. Genus Power Infrastructure Ltd, 2015 AIR SCW 67 of the Hon’ble Supreme Court, dismissed the complaint on the ground that complainant had accepted the payment in full and final settlement of it’s claim.

12.    In view of the above, the appeal No.249 of 2015 filed by the Insurance Company is accepted, the impugned order is set aside and the complaint is dismissed and appeal No.520 of 2015 filed by the complainant is dismissed.

13.    The statutory amount of Rs.25,000/- deposited at the time of filing appeal No.249 of 2015 be refunded to the opposite party-Insurance Company against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 02.09.2015

Urvashi Agnihotri Member

B.M. Bedi Judicial Member

Nawab Singh President

CL