ORDER NO. 4 DT. 13.9.10

          Appellant through Mr. P.Banerjee, Ld. Advocate and the Respondent through Mr. S.Hoda, Ld. Advocate, are present.  Heard both sides at length.  Judgement is passed as under :-

          The insurer has come up in Appeal against the judgement and order dt. 8.1.10 passed by Consumer Disputes Redressal Forum, Unit-I, Kolkata, in CDF/Unit-I/Case No. 105/2009.

          Admittedly the vehicle in question, which was insured with the insurer/Appellant met with an accident and got severely damaged.  Such accident took place during the validity period of the insurance policy.  The surveyor of the insurer inspected the vehicle and consequently the vehicle was repaired by the authorized company of the manufacturer of the vehicle.  The said company raised a bill for Rs. 2,03,910/- for such repairing.

          Admittedly the payment was made to the complainant by deducting a sum of Rs. 52,410/- from the aforesaid billed amount without assigning any reason whatsoever for such short payment.

          The complaint was accordingly allowed on contest by directing payment of the said deficit amount of Rs. 52,410/- along with a sum of Rs. 10,000/-, which was awarded by way of compensation and litigation cost of Rs. 5,000/- to the complainant.  The insurer was thus directed to make a total payment of Rs. 67,410/- within 45 days from the date of communication of the said order, failing which it was directed that the said amount will carry an interest @ 10% p.a. till realization.

          At the hearing of this Appeal no substantial point has been raised by the insurer/Appellant except for contending that the complainant received the aforesaid amount without putting his objection, if any, in writing to the insurer.  It is to be noted that the vehicle in question was repaired as per the report of the surveyor as engaged by the insurer and that too by the authorized company of the manufacturer of the vehicle.  The bill as raised by the said authorized company was not disputed by the insurer at any point of time nor any cogent reason was conveyed to the complainant for making such short payment.  The complainant although received such short payment, which was sent to it by the insurer, but did nowhere indicate in writing  that such acceptance was by way of full and final satisfaction of payment of the billed amount.   The shortfall in payment, if there be any, therefore, cannot be said to have been unequivocally waived by the complainant.  In such view of the matter, we do not find any merit in this Appeal.  The same is accordingly dismissed.

          Having regard to the fact that the accident took place some time in the year 2007 and the short payment was made on 25.3.08 we further direct that if the payment is not made within a period of 30 (thirty) days from this date, then it will carry an interest @ 18% per annum till realization in full.