Tribunals and Commissions(1996) 01 NCDRC CK 0069

LUXMI CHAND SAINI vs UGAIN FINANCE And LEASING CO

National Consumer Disputes Redressal Commission · Decided on 19 January 1996 · Citation: 1996 1 CPJ 339

HON’BLE JUDGES
M.R.Agnihotri , S.Kulwant Singh J.
RESULT
Revision dismissed

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Judgment

2 paragraphs · 225 words
1.

COMPLAINANT Dr. Luxmi Chand Saini, who appears in person has filed this revision petition against the order dated 8th of September, 1994 passed by the learned District Forum, Hisar, to challenge the dismissal of his execution application seeking recovery of Rs. 17,956/-even though he had given a written receipt for the full and final settlement of his claim amounting to Rs. 17,956/- by accepting Rs. 6,000/- only.

2.

IT is contended by the petitioner that even though it was not said in the writing at the time of accepting Rs. 6,000/-, that the same was only a part payment, out of total decretal amount of Rs. 17,956/- In fact, it was only a part payment. After hearing the petitioner at length and having gone through the record, we do not accept the contention of the petitioner, inasmuch as it is nowhere stated that the acceptance of the amount of Rs. 6,000/- by the complainant was only on account as part payment and was not against the full and final settlement of the decretal amount. The language used by the complainant in the receipt leaves no manner of doubt that the acceptance of Rs. 6,000/- was in full and final settlement of his claim for total decretal amount. Accordingly, we do not find any merit in the revision and the same is dismissed. Revision dismissed.