IMPORTANT POINT
Insured is estopped from claiming more amount after voluntarily signing discharge voucher.

Rekha Gupta, Presiding Member—The present revision petition has been filed against the judgment dated 18.05.2015 of the Chhattisgarh State Consumer Disputes Redressal Commission, Raipur (‘the State Commission’) in First Appeal no. 726 of 2014.

2. The facts of the case as per the petitioner/ complainant are that petitioner a businessman had obtained an insurance policy No.450300/31/10/0100008274 for his vehicle bearing registration No.C.G.04-HC-3950. The premium of the said policy was Rs.12,643/- and the sum assured was Rs.4,87,296/-. The said policy was effective for the period from 06.01.2011 to 05.01.2012. On the intervening night of 21-22/04/2011, the vehicle of the petitioner was stolen by some unknown person from his residence at D-15, Sector -1, Raipur. The petitioner made a complaint in the Police Station Devendra Nagar, Raipur, where Crime No.58/11 was registered. Police investigated the matter and tried their level best to search the vehicle and accused, but when they did not trace the vehicle, a Final Report (Khatma Prativedan) No.19/11, was registered by the Police. The petitioner submitted claim form before the respondent/opposite party/ insurance company and the insurance company paid a sum of Rs.3,46,824/- to the petitioner and a sum of Rs.1,40,472/- was still payable by the insurance company to the petitioner. On 18.04.2013, and 24.04.2013 the petitioner sent letters to the insurance company for making payment of the remaining amount. On 09.05.2013, the petitioner sent a legal notice to the insurance company through Advocate but the insurance company did not give any reply thereof. The petitioner contacted the insurance company several times for obtaining the remaining amount, but the insurance company did not pay the same to him due to which the petitioner suffered mental agony and the said act of the insurance company comes within the purview of deficiency in service. Therefore, the petitioner filed a consumer complaint before the District Forum and prayed for granting reliefs, as mentioned in the relief clause of the complaint:

* Amount of Rs.1,40,472/- was to be provided out of the balance amount to the petitioner from the insurance company;

* In lieu of mental and financial agony the amount of Rs.1,00,000/- are to be provided;

* The litigation expenses are to be provided;

* Any other relief and cost was to be provided to the petitioner which the Court deems fit and reasonable.

3. The respondent/ opposite party/ insurance company filed their written statement before the District Forum and averred that the petitioner had left his vehicle unattended in the road outside his house without taking any safety measure. The petitioner violated the terms and conditions of the insurance policy. The insurance company had paid 75% of the Insured Declared Value of the vehicle to the petitioner i.e. Rs.3,46,824/-. The petitioner was not entitled for getting the remaining insured value Rs.1,40,772/- from the insurance company.

4. The District Consumer Disputes Redressal Forum, Raipur, Chhattisgarh, (‘the District Forum’) vide its order dated 22.08.2014 while dismissing the complaint observed as under:

“In our opinion non-applicant insurance company has made the payment of 75 per cent amount of IDV amount of Rs.4,62,932/- as Rs.3,46,824/- to the complainant and complainant has accepted the same upto his complete satisfaction and presented the complaint for the balance amount. Complainant on not keeping the vehicle in the sufficient security has violated the conditions of insurance, therefore if insurance company wanted then would have rejected the claim but insurance company on entering into settlement with the complainant has paid the 75 per cent amount of the insured amount of that vehicle hence, not committed any deficiency in services. In this manner when complainant upto his complete satisfaction has obtained the payment of Rs.3,46,824/- which is the 75 per cent amount of the IDV amount of Rs.4,62,932/- from the insu