Haryana

StateCommission

A/646/2016

BHARTI AXA GEN.INSURANCE CO. - Complainant(s)

Versus

NARENDER SINGH - Opp.Party(s)

P.M.GOYAL

27 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :       646 of 2016

Date of Institution:       15.07.2016

Date of Decision :        27.01.2017

 

Bharti AXA General Insurance Company Limited, First Floor, The Firns Icon, Survey No.128, Doddanekundi, Bangalore-560037 through Ms. Shivali Sharma, Manager (Legal), Bharti AXA General Insurance Company Limited, Mercantile House, 7^th Floor, 15^th, Kasturba Gandhi Marg, Connaught Place, New Delhi-110001.

                                      Appellant-Opposite Party No.1

 

Versus

 

1.      Narender Singh son of Sh. Balwant Singh, resident of House No.362/41, Ward No.1, Jhajjar, Tehsil and District Jhajjar.

                                      Respondent-Complainant

 

2.      Bharti AXA General Insurance Company Limited, through its authorized agent Satender Gulia C/o Master Insurance, Rohtak Road, Jhajjar.

Respondent-Opposite Party No.2

 

 

 

 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                  

Argued by:          Shri Hitender Kansal, Advocate for appellant.

Complainant-respondent No.1 ex parte.

Service of respondent No.2 dispensed with

 

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

          Bharti AXA General Insurance Company Limited-opposite party No.1 (for short, ‘Insurance Company’) has challenged the correctness and legality of the order dated May 11^th, 2016 passed by District Consumer Disputes Redressal Forum, Jhajjar (for short ‘District Forum’) whereby complaint filed by Narender Singh-complainant was allowed.  Operative part of the order is reproduced as under:-

                   “…………Hence, it is directed that the respondent No.1 shall make the payment balance sum of Rs.70,455/- (i.e. Rs.1,33,969/- paid by the complainant to Vasundhra Motors as per bill Exhibit P-6 minus Rs.63,514/- already paid) alongwith interest at the rate of 9% per annum with effect from the date when the earlier payment of Rs.63,514/- was made, till realization of final payment to the complainant.  The complainant is also entitled for a sum of Rs.5500/- on account of litigation expenses for the present unwanted and unwarranted litigation only due to the deficiency in service on the part of the respondent No.1.  The complaint stands disposed of accordingly.”

2.      A car bearing registration No.HR14H-5930 owned by the complainant met with an accident on February 13^th, 2014. The car was insured with the Insurance Company from August 10^th, 2013 to August 09^th, 2014. He filed claim before the Insurance Company.  The Insurance Company paid Rs.63,514/- towards full and final settlement of the claim to the complainant vide Discharge Voucher (Annexure A-3). 

3.      Dissatisfied with the amount, the complainant filed complaint before the District Forum.

4.      Notice was issued to the respondent No.-1complainant on October 21^st, 2016. It was delivered to the complainant on October 31^st, 2016 vide Detail Track Event for RH250118422IN but none appeared on his behalf.  Still, in the interest of justice, the case was adjourned to January 27^th, 2017 for arguments.  Today also, nobody appeared on behalf of the complainant.  Hence, the complainant is proceeded ex parte.

5.      After hearing learned counsel for the Insurance Company and perusing the record over the file, the question for consideration is whether the complainant had received the amount of Rs.63,514/- in full and final settlement of his claim or not?

6.      Indisputably, the complainant has received the amount of Rs.63,514/- from the Insurance Company in full and final settlement of his claim.  He signed the Discharge Voucher (Annexure A-3).

7.      It was not the case of the complainant that execution of the aforesaid Discharge Voucher (Annexure A-3) was obtained by the Insurance Company under fraud, undue influence, misrepresentation etc.  So, he could not be allowed to reopen his claim.

8.      In National Insurance Co. Vs. Boghara Polyfab Pvt. Ltd.(2009) 1 SCC 267, Hon’ble Supreme Court held as under:-

“25.   Where one of the parties to the contract issues a full and final discharge voucher (or no-dues certificate, as the case may be) confirming that he has received the payment in full and final satisfaction of all claims, and he has no outstanding claim, that amounts to discharge of the contract by acceptance of performance and the party issuing the discharge voucher/certificate cannot thereafter make any fresh claim or revive any settled claim nor can it seek reference to arbitration in respect of any claim.”

9.      In Aradhna Fabrics Pvt. Ltd., Through Sh. Ashok Avasthi, Managing Director Versus United India Insurance Co. Ltd. & Anr., 2015 (2) CPR 482 (NC), Hon’ble National Commission after relying upon a judgment titled New India Assurance Co. Ltd. vs. Genus Power Infrastructure Ltd, 2015 AIR SCW 67 of the Hon’ble Supreme Court, dismissed the complaint on the ground that complainant had accepted the payment in full and final settlement of it’s claim.

10.    In the case in hand, the complainant has not been able to produce any evidence to show that there was misrepresentation, fraud or coercion on the part of the Insurance Company in paying the amount of Rs.63,514/-, rather, the amount was received by him with free consent. The District Forum fell in error in allowing the complaint and as such the impugned order cannot be allowed to sustain.

11.    For the reasons recorded supra, the appeal is accepted, the impugned order is set aside and the complaint is dismissed.

12.    The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced: 27.01.2017

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

UK