Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal no.1044 of 2007

Afgan Ahmad Khan vs. Divisional Manage, New India Insurance Co. Ltd. & anr.                                          

ORDER

(Delivered by Sri Sushil Kumar, Member)

17.9.2024

Case called out. None appeared for the appellant. Junior counsel of ld. counsel for the respondent Sri Zafar Aziz is present.

We have heard ld. counsel for the respondent and perused the impugned judgment and order.

On perusal of the judgment, it appears that the complainant has received a cheque of Rs.19,500.00 as full and final settlement of the compensation. Therefore, as provision of section 63 of the Indian Contract Act, when the promise received the less amount than the amount claimed by him then the liability of promiser is discharged.

Since the complainant has received Rs.19,500.00 in full and final payment of the compensation, therefore, there is no occasion to file a consumer complaint. Therefore, the judgment passed by the ld. District Consumer Forum is perfect and needs no interference.

The appeal is dismissed.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

Certified copy of this judgment be provided to the parties as per rules.

      (Sudha Upadhyay)                             (Sushil Kumar)    

            Member                                     Presiding Member

Jafri, PA I

Court 2