PER SH.RAJINDER SINGH GILL, PRESIDING  MEMBER

             Succinctly put, the complainant got his Hyundai Verna car bearing registration No.HR 26 0011 comprehensively insured with the OP-2 at the value of Rs.7 lacs for the period 21.7.2009 to 20.7.2010 and paid Rs.15,803/- as premium.  On 18.11.2009 it was stolen from the parking area of Wah Delhi Restaurant, Sector 5, Panchkula regarding which FIR No.518 was registered on the same day and intimation was also given to the OP-2 on 20.11.2009.  He submitted his claim form on 20.11.2009 itself.  The police submitted the untraced report on 20.2.2010. Thereafter he requested OPs to settle his claim but the same was not settled.  Hence this complaint.

2.             In their written reply the OPs admitted the factual matrix. However, it has been denied that the OPs were putting off the matter and rather the complainant himself submitted the untraceable report on 22.3.2010 i.e. 4 months after the theft of the car and thereafter he was informed vide letter dated 17.5.2010 that his claim was approved to the extent of Rs.6,31,200/- and he was requested to complete the formalities which were completed on 7.6.2010 and 8.6.2010 only.   It has been submitted that the when the complainant completed the formalities and sent the requisite papers/ documents, the process of the claim was started and upon his giving consent vide letter dated 7.6.2010 for a sum of Rs.6,31,200/-, being full and final settlement, he was issued cheque dated 8.6.2010 for the same.  Denying all the material allegations of the complainant and pleading that there has been no deficiency in service or unfair trade practice on their part prayer for dismissal of the complaint has been made. 

3.             Parties led evidence in support of their contentions.

4.             We have heard the Learned Counsel for the parties and have also perused the record.

5.             The main contention of the complainant is that his valid claim was not settled by the OPs and the OPs postponed his case on one pretext or the other causing him mental agony despite completing all the required documents/formalities.  On the other hand the OPs contended that the complainant himself had submitted the untraceable report on 22.3.2010 i.e. 4 months after the theft of the car and thereafter, after completing all the formalities, upon the consent of the complainant vide letter dated 7.6.2010 for a sum of Rs.6,31,200/-, being full and final settlement, he was issued cheque dated 8.6.2010 for the same. 

6.             Before discussing the merits of the case, it is pertinent to mention that the present complaint was filed by the complainant on 11.05.2010 but during the pendency of the case, a cheque of Rs.6,31,200/- being full and final settlement of the claim was received by the complainant on 8.06.2010 after giving his consent vide letter Annexure R-1 dated 7^th June, 2010.  We have gone through the consent letter Annexure R-1 very carefully and found that it has been accepted and signed by the complainant without any protest and coercion, which clearly means that the complainant is fully satisfied towards the full and final settlement, as far as the present claim is concerned.

7.             Otherwise also, record clearly shows that the theft took place on 18.11.2009, FIR was lodged but admittedly the untraceable report was submitted by the complainant on 22.03.2010, i.e. after four months of the theft of the said car, hence, delay, if any, is on the part of the complainant and not on the part of the OPs.  On submission of the untraceable report to the OPs on 22.03.2010, the OPs after two months vide letter Annexure R-6 dated 17.05.2010, intimated the complainant that his claim has been approved and requested the complainant to complete the formalities like transferring of RC in the name of the company, to get hypothecation cancelled from the HDFC bank and to give consent to accept Rs.6,31,200/- as full and final settlement of the said claim, whereafter the letter of subrogation Annexure R-2 dated 08.06.2010, deed of indemnity Annexure R-3 dated 08.06.2010 was prepared and the amount of Rs.6,31,200/- was received by the complainant on 8.06.2010 vide payment voucher Annexure R-4 dated 08.06.2010, after giving his consent as full and final settlement, without any protest and coercion, through letter Annexure R-1 dated 07.06.2010.  In our view, when the complainant himself has received the claim amount of Rs.6,31,200/- after giving his consent vide Annexure R-1, as full and final settlement and that too without any protest and coercion, thereafter, he could not proceed with the present complaint for any compensation and damage charges.

8.             In view of the discussion, we are of the considered opinion that by giving his consent vide letter Annexure R-1, the complainant has estopped himself, to claim anything further with respect to the present claim. The complainant has received the above said claim amount upto his satisfaction as full and final settlement after giving his  consent through  letter Annexure R-1 and  now there is no merit in the present case and the same is accordingly dismissed.

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.

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