Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
Mr.Prakash Kadam, Advocate Proxy for Mr.R.K. Cheulkar, Advocate present for the appellant. He files authority letter, taken on record. Respondent is remaining absent in spite of notice published on Notice Board, on Internet as well as by way of abundant precaution, intimation sent by post on 20/04/2012 and though received the same as per acknowledgement on record. Under the circumstances, we proceed to hear this old appeal.
2. This appeal takes an exception to an order dated 05/12/2003 passed in consumer complaint No.231/2000, Dr.Mr.Prem Anand Sinha V/s. Branch Manager, New India Assurance Company Ltd., by District Forum, Mumbai Suburban. It is a case of insurance claim consequent to the theft of insured vehicle on 22/04/1998. On the basis of report of survey, the Insurance Company offered to settle the insurance claim at `1 Lakh and accordingly, after complainant-Dr.Prem Anand Sinha accepted said settlement, paid the amount to the insured. Thereafter, this consumer complaint is filed stating that said payment was accepted under protest and according to the complainant, at least `1,60,000/- as compensation should have been paid. The District Forum accepting the contention of the complainant, directed the Insurance Company to pay compensation of `60,000/- and feeling aggrieved thereby, this appeal is preferred by the Insurance Company.
3. Referring the document executed by the complainant i.e. Deed of Indemnity dated 17/07/1998 settled the claim at `1 Lakh and received the payment accordingly without any protest. We find that it was accepted without any protest and this subsequent consumer dispute filed after trying to develop a case that the settlement was accepted under protest cannot be believed in absence of any evidence to that effect. Therefore, we find that District Forum did not appreciate the facts and evidence on record properly and arrived at a wrong conclusion. We hold accordingly and pass the following order :-
-: ORDER :-
1. Appeal is allowed. The impugned order dated 05/12/2003 is quashed and set aside. In the result, consumer complaint stands dismissed.
2. No order as to costs.
3. Copies of the order be furnished to the parties.
Pronounced
Dated 12th September 2012.
