AVON AUTOMOBILES Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) BOTH these revision petitions are being disposed off by this common order arising out of common order dated 6.9.2011, passed by State Consumer Disputes Redressal Commission, Panchkula( for short " State Commission " ) in First Appeals No. 692 and 698 of 2005.

(2.) BRIEF facts are that petitioner/complainant deals in spare parts of Jeep, Car etc. Smt. Usha Rani is its Proprietor. Petitioner purchased a shop keeper policy, vide policy cover No. 910169, w.e.f. 29.01.2002 to 28.01.2003 from respondents/OPs. On the intervening night between 04/05.4.2002, a fire broke out due to sparking of the electricity wires in the premises of petitioner. As a result of which spare parts and furniture lying in the shop were totally damaged. FIR to this effect was lodged with Police Station and intimation to this effect was also given to the respondents, which appointed Sh. Avnish Sharma, Surveyor to survey the loss suffered.

(3.) RESPONDENTS in its written statement took the plea that petitioner gave its free consent for full and final settlement amount of the claim. Accordingly, respondents released the cheque No. 837983 dated 21.1.2003, for Rs. 1,68,270 as per the surveyor report and as per the terms and conditions of the insurance policy. The claim amount was settled and approved and petitioner also gave her free consent to this full and final settlement and had also got enchased the cheque amount issued in her favour. Now, petitioner has no legal right to re -agitate the mater by way of present complaint. So, there was no deficiency in service on the part of the respondents.