Per Shri S.R. Khanzode, Hon'ble Presiding Judicial Member 

         This appeal takes an exception to the order dated 09/02/2010 passed in consumer complaint No.32/2010 Shri Keshav Jagganath Bhavsar V/s. The Oriental Insurance Co. Ltd. by District Consumer Dispute Redressal Forum, Nashik.  A consumer complaint after hearing not satisfied with the unilateral settlement of the claim by the Insurance Company, was filed and it stood dismissed on the ground that the amount of settlement offered by the Insurance Company was accepted as full and final settlement and therefore, no further grievance could be made by filing the consumer complaint.

          We heard Ms.Rashmi Manne, Advocate for the appellant and Mr.Anand Kumar, Advocate for the respondent.

          On perusal of the impugned order and the document dated 20/01/2010 which offers the amount towards full and final settlement, it could be seen that said amount offered was accepted “Hakka Thewoon” i.e. reserving rights available to the consumer under the Law.  Therefore, it cannot be said that the amount offered was accepted unconditionally towards full and final settlement of the insurance claim.  Under these circumstances, observations of the Forum below dismissing the consumer complaint cannot be upheld.  They are perverse and improper.  We hold accordingly and pass the following order :-

                                                -: ORDER :-

1.       Appeal is allowed.  The impugned order dated  is quashed and set aside.  Matter is remitted back to the Forum below to process consumer complaint and settle the complaint according to the law. 

2.       Both parties shall appear in the Forum below on 30/08/2010.

3.       Copies of the order be furnished to the parties.