NATIONAL INSURANCE COMPANY Vs. SH VESH NATH JAD

JUDGEMENT

(1.) THE house property belonging to the respondent complainant was insured with the appellant Insurance Company. THE said house suffered damage on account of fire. This damage was caused on the night intervening 11 /12th December, 1994. A Surveyor was appointed. He assessed the loss at Rs. 5,54,581 / -. On 4th December, 1996, the appellant Company paid a sum of Rs. 5,54,581/ -. This was accepted by the complainant. After accepting this amount, the complainant approached the State Commission constituted under the Jammu and Kashmir Consumer Protection Act, 1987. He submitted that the Surveyor's report was not in accordance with the law. In any case, the respondent -complainant submitted that he was entitled to interest on the late payment.

(2.) THE appellant Company took an objection. This objection was to the effect that the complainant had given a receipt which indicates that there was full and final settlement and the liability of the appellant Insurance Company under the contract of insurance stood met.

(3.) THE learned Counsel appearing for the appellant submits that the question of dispute being settled would arise only when there is a subsisting dispute or difference between the parties. It is submitted that once there is a settlement of claims, then the question of a dispute being pending which requires adjudication before the authorities constituted under the Jammu and Kashmir State Consumer Protection Act of 1987, would not arise. What is sought to be contended is that an accord and satisfaction can be pleaded as a defence in these proceedings and this, if proved, would be enough to reject the claim of the complainant.