ORDER :

P.S. Rana, President

1. Present appeal is filed against order dated 07.12.2018 passed by Learned District Consumer Forum/Commission in consumer complaint No. 60/2017 titled Rajender Pal Gupta v. The New India Assurance Company Ltd. and another.

Brief facts of consumer complaint:

2. Complainant filed consumer complaint under Consumer Protection Act pleaded therein that complainant is owner of vehicle No. HP-33E-0242. It is pleaded that vehicle in question was insured with opposite party No. 1 w.e.f. 13.02.2016 to 12.02.2017. It is further pleaded that premium was also paid to Insurance Company. It is pleaded that on dated 02.08.2016 vehicle in question was on its way back to Ner Chowk Mandi from Kullu and when vehicle reached at Aut Tunnel another vehicle No. HP-49-1848 rammed with insured vehicle with full force and damaged vehicle in question. It is pleaded that Insurance Company did not pay actual damage sustained by complainant and committed deficiency in service. Complainant sought relief to the effect that opposite parties jointly & severally be directed to pay a sum of Rs. 1084786/- (Ten lac eighty four thousand seven hundred eighty six) as O.D. claim of vehicle in question alongwith interest @ 12% per annum from the date of accident till actual payment. In addition complainant sought relief to the effect that opposite parties be directed to pay compensation to complainant to the tune of Rs. 100000/- (One lac). Prayer for acceptance of consumer complaint sought.

3. Per contra version filed on behalf of opposite party No. 1 pleaded therein that complainant has no cause of action. It is pleaded that Insurance Company has not repudiated claim of complainant and has approved the Insurance claim on net of salvage basis amounting to Rs. 860000/- (Eight lac sixty thousand) as assessed by Surveyor cum Loss Assessor. It is further pleaded that complainant has given voluntarily consent for payment of Rs. 860000/- (Eight lac sixty thousand) as full and final settlement inter se parties subject to cancellation of R.C. of car. It is pleaded that complainant is estopped by his own act and conduct to file present consumer complaint. It is further pleaded that opposite party No. 1 did not commit any deficiency in service. Prayer for dismissal of consumer complaint sought.

4. Learned Advocate appearing on behalf of opposite party No. 2 did not file separate version and adopted version filed by opposite party No. 1 vide separate statement recorded on 22.11.2017 by learned DCF/DCC.

5. Complainant filed rejoinder and reasserted allegations mentioned in consumer complaint. Learned DCF/DCC dismissed the consumer complaint filed by complainant. Learned DCF/DCC further ordered that complainant would cancel R.C. of vehicle in question and thereafter cancelled R.C. of vehicle would be handed over by complainant to opposite party No. 1 within 30 days w.e.f. 07.12.2018 against proper receipt. Learned DCF/DCC further ordered that failing which complainant would pay penalty of Rs. 100/- (One hundred) per day from date of execution of affidavit dated 27.10.2016 till handing over of cancelled R.C. of vehicle in question to opposite party No. 1. Feeling aggrieved against order passed by learned DCF/DCC complainant filed present appeal before State Commission.

6. We have heard learned Advocates appearing on behalf of appellant and opposite party No. 1 on merits and we have also perused entire record carefully.

7. Following points arise for determination in present appeal.

1. Whether appeal filed by complainant is liable to be accepted as mentioned in memorandum of grounds of appeal and whether complainant is estopped from claiming enhanced amount after accepting Insurance claim as full & final settlement vide documents i.e. signed affidavit annexure-OP-5 dated 27.10.2016.

2. Final order.

Findings upon point No. 1 with reasons:

8. Complainant filed affidavit in evidence. There is recital in affidavit that deponent is registered owner of vehicle No. HF-33E-02