Complainant Smt.Sukhjit Kaur has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to pay the remaining amount of Rs.2,01,000/- of insurance claim of the damaged car bearing registration No.PB-06-AC-1263 alongwith interest @ 24% per annum from the date of accident till its actual realization. Opposite parties be also directed to pay Rs.50,000/- as compensation for illegally harassment, in the interest of justice.

2.       The case of the complainant in brief is that her husband purchased new car Swift VDI in April 2015 for personal use amounting to Rs.7.5 lakhs and was registered with District Transport Office, Gurdaspur bearing registration No.PB-06-AC-1263. Her husband got a Medical Insurance Policy bearing No.40150031181142761264 which was valid from 15.04.2018 to 15.04.2019.  She has further pleaded that on 11.02.2019 her husband alongwith Sandeep Singh son were going back to his house from Gurdaspur in the abovesaid Swift Car being driven by Sandeep Singh met with an accident with motor cycle bearing registration No.PB-35-F-7755 which was being driven by Daniel son of Rehmat Masih. As a result of which accident occurred and her husband suffered multiple grievous injuries and car was also badly damaged. Rashpal Singh  alongwith Manpreet Singh who were following her husband taken to Civil Hospital, Kalanaur but in view of serious condition of her husband, the doctor referred him to Amritsar where her husband remained under treatment at Corporate Hospital till his death. The FIR bearing No.15 dated 26.02.2019 U/S 304-A/279/337/338/427 IPC was registered in P.S.Kalanaur. She has next pleaded that the abovesaid car was insured at the time of accident and car was totally damaged and thereafter she lodged claim to  the opposite parties for receiving the claim of damaged car but opposite party paid only Rs.1,49,344/- as the insurance claim of the  said car on 26.12.2019. She has next pleaded that when the opposite parties insured the vehicle at that time the car in question for the amount of Rs.3,50,344/- through policy bearing No.40150031181142761264, she is entitled for the total amount of Rs.3,50,344/- from the opposite parties alongwith interest @ 24% from the date of accident till its actual realization. She has further pleaded that she has requested the opposite parties to admit her claim and pay the remaining amount of Rs.2,01,000/- alongwith interest @ 24% per annum, but they refused to admit her claim. Hence this complaint.

 3.         Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that complaint is not maintainable against the opposite parties and is liable to be dismissed; no cause of action has ever arisen in favour of the complainant against the opposite parties; complainant has no locus standi to file the present complaint; the insurance is a contract between the two parties and both the parties are bound with the terms and conditions of the policy and  the complainant has not come in this Hon'ble Commission with clean hands and has suppressed true and material facts from this Hon'ble Commission, therefore, the complainant is not entitled for any relief. On merits, it was submitted that the husband of the complainant got insured vehicle No.PB-06-AC-1263 from opposite party vide policy No.40150031181142761264 for the period from 15.04.2018 to 14.04.2019.  The abovesaid vehicle met with an accident and sustained loss on 11.02.2019. The FIR in respect to accident was registered on 26.02.2019 at P.S.Kalanaur by Sandeep Singh son of Harpal Singh. The intimation of accident was given to the opposite parties by complainant on 10.04.2019 after elapse of two months of alleged accident. Thereafter the opposite party no.1 deputed H.S.Bawa's surveyor & Loss Assessor Dhangu Road, Pathankot who submitted his report by assessing loss on Net off salvage loss basis Rs.1,50,344/-. The IDV of vehicle was Rs.3,50,344/- less wreck value offered by insured Rs.2,00,000/- less Excess clause Rs.1,000/- so Net Payable to the insured was Rs.1,49,344/- was approved by the opposite parties and also intimated to the complainant. The complainant agreed to accept Rs.1,49,344/- as full and final settlement of  accidental claim of vehicle no.PB-06AC-1263 from opposite parties and signed consent letter dated 05.07.2019 duly attested by Navtej  Jit Singh Notary District Amritsar (Punjab) voluntarily and  free from any coercion or undue influence and also received Rs.1,49,344/- as full and final settlement of accidental claim of vehicle no.PB-06AC-1263 from opposite parties, so she is stopped from claiming any extra amount from opposite parties in respect of incident as she has already received Rs.1,49,344/- as full and final settlement of accidental claim. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.       Alongwith the complaint, complainant has filed her own affidavit Ex.CW-1 and affidavit of Sh.Sandeep Singh Ex.CW-2 alongwith other documents Ex.C-1 to Ex.C-5.

5.      Alongwith the written statement ld.counsel for the opposite parties filed affidavit of Sh.Janak Raj, Assistant Manager Ex.OP-W1/A alongwith documents Ex.OP-1 to Ex.OP-8.

6.      Rejoinder filed by the complainant.

7.      Written arguments have not been filed by both parties.

8.    We have carefully gone through the pleadings of counsel for the complainant; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the parties for the purposes of adjudication of the present complaint.

9.      From the above detail of the case, it  has come to the admitted fact by both the parties that the insurance claim submitted by the complainant for Rs.3,50,344/- in connection with accident of her car bearing registration no.PB-06AC-1263 has been accepted by opposite party and paid Rs.1,49,344/- as full and final payment to the complainant. But this act of opposite party is mentioned as illegal, null and void by complainant. Complainant pleaded that she has requested opposite parties to admit her claim to pay the remaining amount of Rs.2,01,000/- but opposite party refused to admit it.

10.    Complainant has neither put any document on record regarding filing of the claim for balance amount nor any refusal letter of opposite party. It is only copy of FIR and insurance policy which is placed at Ex.C-1 and Ex.C-2 by complainant.

11.    Opposite party in their written reply stated that complainant has submitted the consent letters duly attested by Notary which is placed at Ex.OP-5 to Ex.OP-7 wherein complainant agreed to accept Rs.1,49,344/- as full and final settlement of accident claim of vehicle in question.

12.     Opposite party also placed on record survey report and net off salvage of surveyor at Ex.OP-4 and stated that the deductions are made on the basis of this report and admissible amount is duly paid to the complainant. But complainant in their rejoinder denied if any such consent letter is submitted by her.

13.    Opposite party in their arguments quoted a judgment of National Consumer Disputes Redressal Commission, New Delhi against Appeal No.815 of 2013 tiled United India Insurance Co.Ltd. Vs. Gaurav Overseas Inc wherein following judgment is given in view of the Hon'ble Apex Court in C.A. No.10784 of 2014 @ SLP © No.24652/2013-New India Assurance Co.Ltd. Vs. Genus Power Infrastructure Ltd.

                    In the light of aforesaid judgment, we are of the view that                                   complainant signed consent letter dated 21.1.2005                                              voluntarily and free from any coercion or undue                                                 influence and in such circumstances, he is estopped from                                claiming any extra amount from OP in respect of incident.

14.     In view of the above, we are of the considered opinion that the opposite party has already settled and paid the claim of the complainant and complainant has already signed the consent letter to receive the claim offered by opposite party in full and final settlement between both the parties.  As terms and conditions of the policy are binding on both the parties so we find no merit in the present complaint, hence the present complaint is hereby dismissed with no order as to costs.

15.        The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

16.    Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                         

            (Naveen Puri)

                                                                            President   

Announced:                                                   (B.S.Matharu)

July 06, 2022                                                       Member

*MK*