LAXMI DEVI KAKHANI Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Petitioner being aggrieved by order dated 9.1.2012, passed by State Consumer Disputes Redressal Commission, Jaipur (for short, 'State Commission) has filed the present revision petition.

(2.) Petitioner/Complainant case is that her Taxi was insured with Respondent/O.P. On 3.7.2006, the said Taxi met with an accident and information of the accident was given to the respondent. Spot survey was got done on 4.7.2006. The accidental vehicle was delivered at the workshop of M/s Roshan Motors Pvt. Ltd. and estimated expenses towards repairs were made as Rs.4,25,397.87P. Thereafter, petitioner submitted her claim along with necessary documents with the respondent. However, respondent did not clear the claim of the petitioner on one pretext or the other and petitioner was made to accept full and final settlement of the claim for the sum of Rs.2,51,873/- on 3.1.2007 under duress. As per petitioner, she is entitled to receive total compensation of Rs.7,53,627/- w.e.f. 3.7.2006 along with 12% interest thereon.

(3.) In its written statement respondent has stated that surveyor had submitted its report after conducting his survey. Petitioner had also submitted all relevant documents in the office of the respondent, whereon respondent paid the claim of the petitioner, as full and final settlement after getting the signature of the petitioner on voucher without making any delay in clearance of the claim of the petitioner after receiving the survey report from the surveyor. Now, petitioner has filed this false complaint with the motive to receive false claim even after receiving full and final settlement. Hence, complaint is not maintainable and is liable to be dismissed.