Heard learned counsel for  both sides.

2.      This appeal is filed u/s 15 of the Consumer Protection Act (hereinafter called the ‘Act’ in short). Parties hereinafter were arrayed as the complainants and OPs as per their nomenclature before the learned District Forum.

3.      The case of the complainant in nutshell is that the complainant has purchased an insurance policy for the vehicle bearing Registration No. OR – 16D-040 from OPs covering the period from 7.4.2011 to 6.4.2012. It is alleged inter alia that on 1.3.2012 the vehicle met accident after which claim was made. OPs settled the claim with lesser amount. Complainant being aggrieved filed the consumer complaint.

4.      OPs  were set ex parte.

5.      After hearing the learned counsel for the complainant, the learned District Forum passed the following order:-

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Thus under the circumstances we direct the OPs to pay  the balance amount of the insurance claim of the complainant a sum of Rs.2,92,036/- (Rupees two lakh ninety two thousand thirty six) only after deducting the depreciation as per procedure within 30 days from the date of receipt of this order failing which the OPs would be liable to pay 12% (Twelve percent) interest on the awarded amount after 30 days of receipt of this order till the actual day of payment of the awarded amount  to the complainant.”

6.      Learned counsel for the appellants submitted that the learned District Forum committed error in law by directing to pay Rs.2,92,036/- to the respondent towards  insurance claim without any basis. According to him, they have already offered Rs. 1,36,591/- and complainant has received the same. He submitted that since the complainant has received the same without any protest, he has no any cause of action to file the case. Therefore, he submitted to set aside the impugned order by allowing the appeal.

7.      Learned counsel for the respondent admitted that he has received the amount  but he spent Rs. 4,28,627/- for which he filed the consumer complaint.

8.      Considered the submission of learned counsel for the  respective parties and perused the impugned order including the DFR.

9.      It is admitted fact that during currency of the policy the vehicle met accident and the claim has been settled. It is also admitted fact that complainant has received Rs.1,36,591/- duly computed by the surveyor towards loss. It is reported in United India Insurance vrs.  Ajmer Singh Cotton & General Mills 993 CPR 53 (SC) where Their Lordships observed that  when discharge voucher signed without any demur or protest by complainant/respondent  and claim settled with accord and satisfaction voluntarily without any protest or objection and the complainant has not proved any undue influence and misrepresentation, the cause of action does not lie to bring the complaint. In view of the fact that there is already discharge voucher available on record and it is admitted fact that complainant has received the amount. In view of thedecision of the Hon’ble Supreme Court , there is no cause ofaction survived to decide the case. Therefore, the impugnedorder is liable to be set aside and is set aside.

10.      The appeal stands allowed. No cost.

           DFR be sent back forthwith.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.