Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal no.431/2007

Smt. Saida Husain vs. United India Insurance Co. Ltd.                                          

ORDER

(Delivered by Sri Sushil Kumar, Member)

17.9.2024

Case called out. Heard ld. counsel for the appellant Sri T.H. Naqvi and ld. counsel for the respondent Ms. Mandvi Mehrotra.

This appeal has been filed against the judgment and order dated 10.1.2007 passed by ld. District Consumer Forum, Raebareli in complaint no.90 of 2003, Smt. Saida Husain vs. United India Insurance Co. Ltd. whereby the complaint was rejected on the ground that the complainant has already received Rs.1,42,000.00 as full and final settlement of the compensation.

Ld. counsel for the appellant submitted that discharge voucher is a false and fabricated document created by the officials of the insurance co. for which a FIR was lodged against the concerned officials of the insurance co. but no result of investigation is available on record. Therefore, the bench is unable to give any opinion on lodging of FIR unless the result is available on record.

As provision of section 63 of the Indian Contract Act, when the promise received the less amount than the amount claimed by him then the liability of promiser is discharged.

Since the complainant has received Rs.1,42,000.00 in full and final payment of the compensation, therefore, there is no occasion to file a consumer complaint. Therefore, the judgment passed by the ld. District Consumer Forum is perfect and needs no interference.

The appeal is dismissed.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

Certified copy of this judgment be provided to the parties as per rules.

      (Sudha Upadhyay)                             (Sushil Kumar)    

            Member                                     Presiding Member

Jafri, PA I/Court 2