NATIONAL INSURANCE COMPANY LTD Vs. SEHTIA SHOES

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by the National Consumer Redressal Commission, New Delhi (in short National Commission). The National Commission by the impugned order dismissed the revision petition filed by the appellant questioning correctness of the order passed by the Consumer District Forum, Hissar (in short District Forum) and State Consumer Disputes Redressal Commission, Haryana (in short State Commission).

(3.) The controversy lies within a very narrow compass. Claim was lodged by the respondent who had obtained a shopkeeper insurance policy of the appellant company on 15.7.2001. A claim was lodged with the appellant stating that on account of fire insured articles got destroyed. The Surveyors and Loss Assessors assessed the net loss at Rs.2,82,301/-. It is the case of the appellant that respondent without demur accepted the sum of Rs.2,72,301/- in full and final settlement and accordingly payment of Rs.2,72,301/- was made. Thereafter a complaint was lodged before the District Forum claiming that his claim was Rs.9 lacs and he should be indemnified to the extent of Rs.9 lacs less Rs.2,72,301/- which had been received by him. Appellant objected to the complaint stating that since the respondent had accepted the amount without any protest no further claim survives and the complaint was not maintainable.