AMALNDU RUDRA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) BY this appeal under Section 15 of the Consumer Protection Act, 1986 , the order dated 9.3.2005 in Complaint No. 272/2004 by the District Consumer Disputes Redressal Forum, Durg (hereinafter called the District Forum for short) dismissing the complaint, on the ground that the respondent/insurer has already paid to the complainant/appellant a sum of Rs. 3,73,500, towards settlement of his claim has been put under challenge.

(2.) THE relevant facts necessary for the disposal of this appeal stated briefly are that, the complainant s vehicle C.G. -07 -C -1224, comprehensively insured for an assured sum of Rs. 8 lac with the respondent/insurer for the period from 20.3.2004 to 19.3.2005, met with an accident on 11.5.2004 on Bhopal -Hoshangabad Road, resulting in substantial damage to the insured vehicle. Intimation of the accident was given to the respondent/insurer by the complainant. The respondent/insurer appointed Surveyor, K.K. Sharma. He assessed the damage on total loss basis, less salvage value to the extent of Rs. 4,98,000. However, the complainant has been paid Rs. 3,73,500, as per respondents/insurer s letter dated 2.9.2004 and the complainant received the said amount as per receipt dated 10.9.2004. The said receipt stated that the amount has been accepted in full and final settlement of his claim by the complainant. However, it appears, immediately thereafter, on 17.9.2004, that the complainant sent a letter to the respondent/insurer stating that negotiations were held by him with Surveyor K.K. Sharma, in the presence of Senior Branch Manager, P.K. Dutta and D.O. Mr. Sarda and, the complainant has agreed that he would accept the claim on total loss basis for Rs. 8 lacs less cost of salvage Rs. 3,02,000. It was also stated in the said letter that, since the complainant was not getting response from the respondent/insurer, he considered it proper to dispose of the salvage as he did not want to salvage to further deteriorate. It was also stated in the said letter dated 17.4.2004 that after great delay, he received only Rs. 3,73,500 along with the discharge voucher. He further stated in the said letter that though he strongly protested the payment as above, he has accepted the amount. He prayed that his claim for Rs. 4,98,000 as per settlement, be paid.

(3.) IT would, therefore, be clear from the above letter dated 17.9.2004 that the complainant did not accept Rs. 3,73,500 towards full and final settlement. Though, he appears to have issued printed receipt in that regard, but he sent a letter of protest to the respondent/insurer.