Haryana

StateCommission

A/634/2015

NEW INDIA ASSURANCE CO. LTD. - Complainant(s)

Versus

RAM KUMAR AGGARWAL - Opp.Party(s)

RECEIVED FROM NCDRC,NEW DELHI

13 May 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Remand Appeals No: 634 & 636 of 2015

                                                   In

                                                First Appeals No.1614 & 1543 of 2005

Date of Institution: 05.09.2005 & 25.08.2005

Date of Decision: 13.05.2016

 

Appeal No.634 of 2015 (F.A.No.1614 of 2005)

 

Ram Kumar Aggarwal, Resident of House No.1375, Sector-21, Panchkula, Haryana.

                                      Appellant/Complainant

Versus

 

New India Assurance Company Limited, Branch Office: Lower Bazar, Kothiala Building, Kalka, District Panchkula, Haryana through its Branch Manager.

                                      Respondent/Opposite Party

 

Appeal No.636 of 2015 (F.A. No.1543 of 2005)

 

New India Assurance Company Limited, Branch Office: Lower Bazar, Kothiala Building, Kalka, District Panchkula, Haryana through its Branch Manager.

                                      Appellant/Opposite Party

Versus

 

Ram Kumar Aggarwal, Resident of House No.1375, Sector-21, Panchkula, Haryana.

                                      Respondent/Complainant

 

 

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

                             Mr. B.M. Bedi, Judicial Member.

                                                                                                         

Present:              Shri Gaurav Gupta, Advocate assisted by Sh. Ram Kumar Aggarwal-complainant.

Shri Vinod Mahendru, Advocate for New India Assurance Company Limited-Opposite Party.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

This order shall dispose of afore-mentioned appeals bearing No.634  and 636 of 2015 because they have arisen out of common order dated July 15^th, 2005, passed by District Consumer Disputes Redressal Forum, Panchkula (for short ‘the District Forum’),  in complaint No.286 of 2004 filed by Ram Kumar Kumar Aggarwal.  

2.                Appeal No.634 of 2015 has been filed by The New India Assurance Company Limited (for short ‘the Insurance Company’)-Opposite Party for setting aside the impugned order and appeal No. 636 of 2015 has been filed by the complainant for enhancement of compensation.

3.                The complainant got his car (Matiz) bearing registration No.HR-05U-0047, insured with the Insurance Company for the period May 12^th, 2002 to May 11^th, 2003. The Insured Declared Value (IDV) of the car was Rs.2,40,000/-. On March 18^th, 2003 the car met with an accident and was damaged. Daily Diary Report (Annexure C-3) was lodged in Police Station Sector-19, Panchkula. The Insurance Company was informed.  The surveyor of the Insurance Company inspected the car and submitted report dated May 13^th, 2003 (Exhibit R-3) whereby the damage of the car was assessed at Rs.1,25,000/-.  

4.                The complainant filed claim with the Insurance Company and also gave consent dated May 8^th, 2003 (Exhibit R-4) to accept the amount of Rs.1,25,000/- in full and final settlement of his claim but the Insurance Company did not pay the amount.  Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed before the District Forum.

5.                Vide impugned order, the District Forum allowed complaint and directed the Insurance Company to pay Rs.2.00 lacs to the complainant.

6.                The complainant who is present in person has stated at bar that he has already received the amount of Rs.1,25,000/- from the Insurance Company about ten years ago.

7.                Since the amount of Rs.1,25,000/- has already been paid to the complainant in full and final settlement of his claim, no further cause of action exists in favour of either of the parties. Consent (Exhibit R-4) was given by the complainant of his free will. 

8.                In view of this, appeal No.636 of 2015 filed by the Insurance Company is allowed, the impugned order is set aside and the complaint is dismissed. Consequently, appeal No.634 of 2015 filed by the complainant for enhancement of compensation is also dismissed. 

 

Announced: 13.05.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

CL