NEW INDIA ASSURANCE CO LTD Vs. KHUSHBOO ENTERPRISES

JUDGEMENT

(1.) THIS appeal takes an exception to an order dated 12/07/2013 passed by District Forum, South Mumbai in consumer complaint No.90/2008.

(2.) THE facts leading to this appeal can be summarized as under : -

(3.) IN the meantime, the complainant -company received a demand draft of Rs. 4,378/ - from the Surveyor for settlement of the share of complainant of the salvage value realized in the matter processed by said Surveyor. The complainant returned said demand draft. On 21/05/2007 the complainant received a letter from opponent along with Addendum Report of Surveyor recommending Rs. 5,93,057/ - along with discharge voucher for amount of Rs. 5,90,301/ -. On inquiry it is revealed that opponent had appointed Bhiwandi Claims Committee for assessment of various claims received by various Insurance Companies in lieu of policies for the loss in fire. It is the contention of the complainant that alleged quantum of claim is without any knowledge or discussion or meeting with the complainant and it is contrary to the earlier Survey Report dated 26/04/2006. The complainant by his letter dated 29/05/2007 requested the opponent to settle the claim of Rs. 9,23,000/ - and release the amount which communicated to him by letter dated 21/05/2007. Accordingly, complainant received a cheque of Rs. 5,90,301/ - on 02/07/2007 and Rs. 4,378/ - for share in the salvage towards full and final payment against the claim preferred by the complainant. As per the complainant, alleged settlement is against principle of natural justice. It is nothing but coercion. The complainant informed the opponent by his letter dated 05/07/2007 that the amount received is a part payment and final settlement should be as per the Survey Report of Surveyor dated 26/04/2006.