Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member
This appeal is directed against the order dated 12/11/2009, passed in consumer complaint no.277/2007, Mr.Mohan Sadashiv Patil V/s. Manager, New India Assurance Co.Ltd.; by District Consumer Disputes Redressal Forum, Kolhapur. The consumer complaint stood dismissed and, hence, this appeal by the original complainant.
Admitted and heard forthwith with consent of both the parties. In the instant case, insurance policy and the event is not in dispute. According to the Insurance company, as per the assessment made by the surveyor of the loss, `99,568/- were offered and paid to the appellant/complainant, which he accepted without any protest towards the full and final settlement on 24/01/2007. There is absolutely no case made out by the complainant that said amount was accepted under protest. There is also no evidence adduced on behalf of the complainant to show that said settlement was not accepted by him and that the assessment of the loss made by the surveyor is arbitrary. Considering these aspects, we find no reason to take a different view than what has been taken by the forum. Forum dismissed the complaint holding that there is no deficiency in service on the part of the Insurance company since the properly loss assessed amount under the policy was paid. Ld.counsel for the respondent rightly placed reliance on the decision of the Hon’ble National Consumer Disputes Redressal Commission in the matter of Raj Kumar V/s .United India Insurance Co.Ltd. III(2011) CPJ 354 (NC). Thus, we find appeal devoid of any substance and pass the following order:-
ORDER
Appeal stands dismissed.
Parties to bear their own costs.
Copies of the order be furnished to the parties.
Pronounced on 5th October, 2011.
