ANITA RANI GOYAL Vs. MAHESH PRASAD BANSAL

JUDGEMENT

(1.) HEARD the learned Counsel for the parties. The United India Insurance Company Ltd. is aggrieved by the order dated 5. 5. 2000 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh in Complaint Case No. 280/sc/1991 directing it to pay Rs. 2,27,970 as claimed by the complainant for loss of the stock/machinery along with interest @ 12% p. a. from 1. 2. 1991 till the day of payment, Rs. 1,00,000 as damages, Rs. 50,000 as compensation for mental tension and harassment and an amount of Rs. 25,000 towards cost of litigation.

(2.) THE main contention of the appellant is that the State Commission has decided the matter on the basis of the documents filed with the Bank and while the complainant had already given his consent for settling his claim at Rs. 44,500 as full and final settlement and an amount of Rs. 33,375 has been paid to the complainant's bank by treating the claim as non-standard claim for the reasons stated in the letter dated 19. 7. 1991 sent by the Insurance Company to the PNB, BHEL; consequently, the complainant could not raise any dispute against the Insurance Company.

(3.) ON the other hand this letter accepting the sum of Rs. 44,500 as full and final settlement against the claim of Rs. 2,38,887 has been disputed by the complainant.