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Judgment
V.K.Jain, J
The respondent/complainant is reported to have been served by publication on 19.04.2019. No one however, is present for him despite service. I have therefore, heard the learned counsel for the petitioner, who informs that the complainant had not appeared even before the State Commission.
The complainant/respondent owned a vehicle which he had got insured with the petitioner company. The said vehicle having met with an accident, the complainant lodged a claim with the petitioner company. The surveyor appointed by the petitioner to assess the loss to the complainant recommended payment of Rs.93,316/- to the complainant/insured.
Vide letter dated 04.11.2010, the petitioner company remitted an amount of Rs.79,783/- to the complainant by way of a cheque in the name of Tata Motors Ltd. which seems to be the financer of the vehicle. It was inter-alia stated in the said letter that the cheque of Rs.79,783/- was enclosed in full and final settlement of the claim and if this was not acceptable to him, the complainant should immediately return that cheque. It was further stated in the letter that if this was not done, it would be presumed that the proposal of the insurer had been accepted by the complainant and the encashment of the cheque shall be considered to be a receipt of full and final settlement of the claim.
After encashment of the aforesaid cheque, the complainant/respondent approached the concerned District Forum by way of a Consumer Complaint. The receipt of the cheque was admitted in the complaint but it was alleged that the cheque was accepted with objection and the complainant sent a registered letter and filed his objection to the claim. No proof of sending it to the insurer by Registered Post was annexed to the complaint as is evident from the documents annexed thereto which comprised only the copy of the police report and a copy of the letter dated 25.11.2010. In the absence of any proof of even having sent the above referred letter to the insurer, the allegation made in this regard does not stand substantiated and therefore, I have no hesitation in holding that no such protest letter was sent by the complainant to the petitioner company.
The learned counsel for the petitioner company has stated during the course of hearing that considering the report of the surveyor, the petitioner company will make payment as per the report of the surveyor, meaning thereby that it will pay the balance amount (Rs.93,316/- - Rs.79,783/- = Rs.13,533/-) to the complainant/respondent within six weeks from today and in case the letter enclosing the cheque of the aforesaid amount is not served upon the complainant, the same shall be sent to Tata Motors Ltd. which had financed the vehicle.
Having accepted the aforesaid cheque of Rs.79,783/- in full and final settlement of his claim and having lodged no protest thereafter, before the Consumer Complaint came to be filed in the year 2011, the complainant is estopped from claiming any amount over and above the amount payable to him in terms of the report of the surveyor.
For the reasons stated hereinabove, the impugned orders are set aside and the complaint is disposed of by directing the petitioner to remit a sum of Rs.13,533/- to the complainant within six weeks from today in terms of the statement made by its counsel.