M.L. KATHURIA Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision petition has been filed by the Petitioner/complainant against the impugned order dated 4.12.2007 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 2956 of 2002 & Appeal No. 3008 of 2002 Shri M.L. Kathuria Vs. Oriental Ins. Co. Ltd. & Anr. by which, while allowing appeal, order of District Forum allowing complaint was set aside.

(2.) Brief facts of the case are that complainant/petitioner purchased a Maruti Zen (VX) No. HR 24-E-9091 for a sum of Rs. 3,84,293/- with the help of loan taken from State Bank of Patiala. Vehicle was insured for the period 7.9.2000 to 6.9.2001. On 13.7.2001, car was stolen and FIR was lodged on 14.7.2001. Police submitted untraced report on 9.8.2001. Complainant submitted all the required documents to OP and OP paid Rs. 3,10,000/- taking the IEV value of the vehicle than the market value of the car on the date of theft. Complainant alleging deficiency on the part of OP filed complaint before the District Forum. OP/respondent contested complaint and submitted that, as complainant had accepted Rs.3,10,000/- as full and final settlement of his claim on 31.1.2002 and executed receipt, claim disbursement, journal voucher and discharge receipt in favour of OP, complaint is not maintainable. It was further submitted that value of the stolen car was assessed by surveyor and as per surveyor's report, payment was made; hence, prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP/respondent to pay a sum of Rs.55,000/- after deducting 5% on account of depreciation along with 9% p.a. interest. Appeal filed by OP/respondent was allowed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.