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SC/5/A/181/2016 Smt. Sonia Mahajan 31.01.2026

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IndiaFirst Insurance Company Limited

STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND

DEHRADUN

Date of Admission: 26.04.2017

Date of Final Hearing: 28.01.2026

Date of Pronouncement: 31.01.2026

SC/5/A/181/2016

Smt. Sonia Mahajan aged 44 years’ W/o late Anil Kumar Mahajan

R/o Lower Kalabarh, Tehsil Kotdwar

(Through: Sh. Manoj Singh Bisht, Advocate)

…… Appellant

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IndiaFirst Insurance Company Limited

301, B Wing, The Qube, Infinity IT Park

Dindoshi Film City Road, Malad East

Mumbai – 400 097

(Through: None)

…… Respondent

Coram:

Ms. Kumkum Rani, President

Mr. C.M. Singh, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal under Section 15 of the Consumer Protection Act,

1986 has been directed against the impugned judgment and order dated

30.05.2016 passed by learned District Consumer Disputes Redressal

Forum, Pauri Garhwal (hereinafter to be referred as “The District

Commission”) in consumer complaint No. 24 of 2013, styled as

Smt. Sonia Mahajan Vs. IndiaFirst Insurance Company Limited,

whereby the consumer complaint filed by the appellant / complainant

was allowed. However, not being satisfied with the relief awarded by

the District Commission per impugned judgment and order, the

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IndiaFirst Insurance Company Limited

complainant has come up in the present appeal, thereby seeking

enhancement of compensation.

2. We have heard learned counsel for the appellant and perused the

record. Vide order dated 26.09.2024, it was directed that the appeal

shall proceed ex-parte against respondent.

3. The factual matrix relevant for the disposal of the instant appeal

is that the appellant / complainant had instituted the aforesaid consumer

complaint before the District Commission on 08.11.2013. The record

shows that during the pendency of the consumer complaint, a

compromise was arrived between the parties and in furtherance thereof,

the complainant has received an amount of Rs. 6,11,197/- from the

insurance company. The copy of the discharge voucher dated

17.01.2015 executed by the complainant in favour of the insurance

company is Paper No. 63 on the record of the appeal, which shows that

the complainant had agreed to receive sum of Rs. 6,11,197/- towards

full and final settlement in respect of policy bearing No. G0000005

(01643). The said discharge voucher makes further mention that the

said amount is towards full and final settlement against the above policy

and on payment being made, no further amount / benefits / interest

would be payable by the insurance company and the insurance

company will stand discharged from all its claims and liabilities, direct

and indirect whatsoever arising in respect of above policy.

4. There is no dispute that the aforesaid amount has been paid by

the insurance company to the complainant, as is also mentioned by the

District Commission in the impugned judgment and order. The record

further shows that the respondent – insurance company has complied

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IndiaFirst Insurance Company Limited

the order passed by the District Commission and credited an amount of

Rs. 73,338.84/- in the account of the appellant / complainant via NEFT

on 22.06.2016, as would be evident from the copy of letter dated

27.06.2016 issued by the insurance company to the complainant (Paper

No. 63/1 on the record of the appeal).

5. As is stated above, during the pendency of the consumer

complaint, the complainant had executed discharge voucher, copy

whereof is Paper No. 63 on the record of the appeal, in favour of the

insurance company, thereby agreeing to receive Rs. 6,11,197/- in full

and final settlement of claim in respect of the policy in question, the

complainant was obliged to withdraw the consumer complaint. It is

true that in the aforesaid discharge voucher, it is mentioned that the

complainant had agreed to receive the aforesaid sum under protest, but

it is important to mention that by executing the discha