NATIONAL INSURANCE COMPANY LTD Vs. NOOR ALI

JUDGEMENT

(1.) THIS revision petition is directed against the order of the State Commission Uttar Pradesh, Lucknow dated 16.07.2012 in Appeal No. 538 of 2005. The State Commission dismissed the appeal filed by the petitioner insurance company against the order dated 29.12.2004 passed by the District Forum Sultanpur in CC No. 108 of 2004.

(2.) THE consumer dispute in the complaint relates to non settlement of insurance claim for the loss caused to the stocks lying in the insured shop of the respondent complainant consequent upon a fire accident which took place on the night intervening 3rd and 4th August, 2003. On being informed, the insurance company appointed a surveyor, who on inspection assessed net loss to the tune of Rs.1,79,011/ - and recommended settlement of claim in the sum of Rs.1,29,717/ - after the adjustment. This amount was infact remitted by the insurance company to the complainant on 17.03.2004 and was accepted by the complainant vide a settlement voucher of the said date duly signed by the complainant. Case of the complainant in the consumer complaint was that he had actually suffered loss of Rs.8.00 lacs against which a partly sum of Rs.1,29,117/ - has been paid which was accepted by him under protest, whereas the petitioner insurance company took the plea that the loss was properly assessed and there was no justification for any enhanced payment against the insurance claim. The petitioner also took a preliminary objection that respondent complainant was estopped from reagitating the matter by filing a consumer complaint after having settled the claim and accepted a sum of Rs.1,29,117/ - in full and final settlement of the claim.

(3.) THE District Forum on consideration of the matter allowed the entire claim of the respondent complainant and awarded him additional sum of Rs. 6,70,883/ - alongwith 12% interest p.a. with the stipulation that if the amount is not paid within one month, the amount shall carry 15% interest per annum.