Back
2010(4) CPR 412
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, AURANGABAD
S.G. Deshmukh, Presiding Judicial Member and Uma S. Bora, Member
Branch Manager United India
Insurance Co. Ltd. —Appellant
versus
Sayyed Tajoddin Mustafa —Respondent
Appeal No. 786 of 2006
Decided on 7.6.2010
Counsel for the Parties:
Counsel for the Appellant:Shri S.G. Chapalgaonkar, Advocate.
For the Respondent:Shri D.S. Kulkarni, Advocate.
IMPORTANT POINT
Even after giving clean discharge voucher certificate by accepting the amount in question signing the voucher the complainant agitating his grievance, such a dispute is outside purview of the Forum.
Headnote:Consumer Protection Act, 1986—Section 12 and 17—Insurance claim—Two insurance policy each for Rs. 4,00,000 taken in respect of shop business by complainant—Goods in shop got burnt due to fire by short circuit—Surveyor assessed loss at Rs. 6,47,000 —Claim was settled and paid at Rs. 3,60,497 and complainant received amount after executing receipt and discharge voucher in full and final settlement of claim—Complaint claiming balance amount as per loss assessed by surveyor—Whether complainant could be held entitled to any such amount after he accepted the amount settled by Insurance Co. and received it in full and final settlement his claim? No. (Paras 8 to 10)
Result: Appeal allowed.
S.G. Deshmukh, Presiding Judicial Member—The present appeal is filed by United India Insurance Co. Ltd. against the judgment and order dated 2.3.2006 in complaint case No. 6/2004 passed by District Consumer Forum, Osmanabad.
2. Respondent/Org. Complainant’s case before the Forum is that, he runs shop in the name and style New Noor Traders, Taj Complex, Osmanabad. It is contended that he had taken cash credit loan of Rs.4,00,000 from Bank of Maharashtra, Osmanabad and Rs.2,00,000 from Vasantdada Co-operative Bank. It is contended that complainant had obtained two policies each of Rs.4,00,000 for the period 20.2.2002 to 19.2.2003 and 5.3.2002 to 4.3.2003. There was short circuit in the mid night or 14.3.2003, due to which the entire goods in the shop were burnt. He suffered loss of Rs.l6,00,000. It is contended that police drew panchanama, Complainant demanded Rs.4,00,000 from the appellant. One Shri A.T. Kulkarni was appointed as surveyor who visited the shop of complainant and assessed the loss to the tune of Rs.6,47,000. When complainant contacted appellant he was told that the claim will be allowed as per surveyors report. Cheque of Rs:3,60,497 dated 31.10.2003 was given to the complainant towards compensation. It is contended that after receipt of cheque complainant made enquiry about less amount of cheque, he was told that he has deposited less income tax which is illegal. It is contended that appellants act is illegal. It was binding on them to make payment of Rs.6,47,000 and thus he gave notice through advocate on 28.11.2003 and 18.12.2003 for making payment of balance amount of Rs.2,87,503. Notice was replied falsely. Thus he approached the Forum for the balance amount of Rs.2,87,503.
3. Appellant appeared before the Forum and resisted the claim. Appellant contended that M/s A.T. Kulkarni surveyor from Solapur was appointed for assessing the loss sustained by complainant. M/s A.T. Kulkarni submitted the report dated 11.4.2003 wherein loss is shown to be of Rs.6,47,995. It is contended that as claim was beyond financial powers of the Divisional Office and it involved. accounting standards and valuation of stock, thus the same was forwarded to the Regional Office, Pune who obtained opinion from Chartered Accountant J.C. Bhasanli &, Co. Surveyor and Loss Assessor; Pune on the assessment of closing stocks of the complainant. M/s J.C. Bhansali examined the matter and submitted the report on 27.7.2003. In view of the said report M/s A.T. Kulkarni reconsidered the matter and records and on concurring with the report of Mr. J.C. Bhansali and submitted addendum report dated 23.9.2003 inter alia reporting that the net payable loss ,works out to Rs.3,60,496. Appellant informed the complainant that they shall pay amount of Rs.3,60,496 in full and final satisfaction of the claim if the same is acceptable to the complainant, complainant should sign voucher alongwith his Banker and should record the full and final satisfaction of the claim for acceptance of Rs.3,60,496. Complainant on his own will and wish signed the voucher sent by appellant on 27.10.2003 and also obtained signature of his Banker and returned the same by recording full and final satisfaction of the claim. Appellant issued cheque dated 31.10.2003 for Rs.3,60,496 in favour of complainant with letter dated 3.11.2003. Complainant received the same. It is contended that there is no deficiency in their service. Complainant received amount of Rs.3,60,496 under cheque and executed discharge voucher by putting his signature and his Banker’s signature and recorded full and final satisfaction in respect of claim.
4. The Forum below after going through the papers and hearing the parties allowed the complaint and directed appellant to pay Rs.2,87,498 with interest @ 6% p.a. from 31.10.2003.
5. Being aggrieved by the said judgment and order passed by the District Forum, Osmanabad, United India Insurance Co. Ltd. came in appeal.
6. Notices were issued to the appellant
