UPENDRA KUMAR Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Present Revision Petition has been filed under Section 17(b) of the Consumer Protection Act, 1986 (for short, 'Act') against order dated 23.2.2007, passed by State Consumer Disputes Redressal Commission, Bihar, Patna (for short, 'State Commission').

(2.) Petitioner/complainant, filed a complaint before District Consumer Disputes Redressal Forum, Patna(for short, 'District Forum') stating that he purchased second hand 'Maruti Car' which was insured with respondents/O.Ps for Rs.2,10,000/-. After two days after the purchase of the car, on 11.2.1999 the same was stolen. Petitioner lodged claim with the respondents. After about two and half years, respondents decided his case and paid Rs.1,15,000/- only. It is alleged by the petitioner that he accepted this amount under protest, since he is entitled to get the insured amount of Rs.2,10,000/-, besides compensation for late settlement of the claim.

(3.) Respondents in their written statement admitted the factum of insurance of the car in question. It is stated that after receipt of the information of theft of the car, they appointed surveyor who assessed the value of the car as Rs.1,15,000/-. This amount was paid to the petitioner on 17.10.2001 as full and final settlement of his claim. Petitioner signed the discharge voucher and accepted this amount. Thus, there is no merit in the complaint.