YOGESH KUMAR SHARMA Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Present revision petition has been filed against order dated 7.5.2010, passed by State Consumer Disputes Redressal Commission, Haryana (for short, 'State Commission'). Alongwith it, an application seeking condonation of delay of 36 days has been filed, though as per Office noting there is delay of 50 days in filing the petition.

(2.) Admitted facts are that petitioner/complainant got insured his Maruti Car with respondent /opposite party for the period from 08.02.1997 to 07.02.1998 for a sum of Rs.2,25,000/-. During the period of Insurance, petitioner's vehicle met with an accident near Pehowa on 08.05.1997. FIR was lodged with the Police. Necessary intimation was given to the respondent, upon which Sh. F.C. Jain, surveyor was appointed who conducted the spot survey of the vehicle in question on 12.5.1997 and submitted his report to the respondent on 19.5.1997. Thereafter, vehicle in question was again surveyed by M/s. Esquire Technocreate Mohali who also submitted his report in June, 1997. Thereafter, claim of petitioner was settled at Rs.2,08,000/- as full and final settlement and petitioner gave his consent on 10.12.2007, provided that a cheque of this amount be given to him within 30 days. Thereafter, on 31.3.1998 petitioner made a request to the respondent to pay the amount of claim to the tune of Rs.2,25,000/-. However, respondent did not pay any heed to the request of the petitioner. By filing complaint before the District Forum, petitioner sought direction to the respondent to pay him a sum of Rs.2,25,000/- on account of loss of car alongwith interest and other charges etc. on the ground that respondent had wrongly retained the aforesaid amount which it was bound to pay within 30 days from the date of the consent.

(3.) On the other hand, plea taken by the respondent was that petitioner had agreed for full and final settlement against total loss for a sum of Rs.2,08,000/- subject to verification of the driving licence. After verification of the same by Shri K.R. Arora, investigator, respondent recommended the claim for Rs.2,08,000/- on 18.2.1998 subject to deposit of the salvage and transfer of registration in respondent's name. The registration was transferred on 9.3.1998 and salvage was deposited on 26.3.1998. Thereafter, respondent issued the cheque of the said amount to the petitioner which was accepted by him in full and final settlement, without any protest on 3.6.1998. Denying any kind of deficiency in service it was prayed that complaint merit dismissal.