MOHAN CHAND CHAUHAN, S/O SHANKAR DASS Vs. ORIENTAL INSURANCE COMPANY LTD
LAWS(HPCDRC)-2009-12-10
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 23,2009

Mohan Chand Chauhan, S/O Shankar Dass Appellant
VERSUS
ORIENTAL INSURANCE COMPANY LTD Respondents

JUDGEMENT

- (1.) APPELLANT is aggrieved from the order passed by District Forum, Shimla whereby his complaint No.525/2004 has been dismissed. At the time of hearing it was not disputed that the building of the appellant was insured in the sum of Rs.12.75 lacs, whereas household effects were insured against fire loss in the sum of Rs.2,25,000/ -. It is also not in dispute that as a result of the fire on 16.10.2003 the insured building as well as household effects were substantially damaged. On receipt of information, respondent appointed surveyor to carry out preliminary survey and for this purpose Er. Rajneesh Kumar Dhiman (B.E. Mechanical), was appointed. He carried out preliminary survey and his report is Annexure:R -4 -A to R -4 -F. Thereafter final survey was got done by the respondent from Shri D.K. Gulati of Dee Kay Consultants, Engineers. Again Shri Gulati is a B.E.(Mechanical). Both these surveyors are duly licensed surveyors and loss assessors by the competent authority. Vide Annexure R -6 -B, dated 8.7.2004, appellant informed the respondent and submitted his consent letter as desired by the Insurance Company for its consideration, Annexure R -6 dated 9.7.2004 is the consent letter which reads as under: With due respect that the survey report for 8,53,117/ - Rs. is acceptable to me as insurance claim.
(2.) ON the basis of the aforesaid consent letter, amount was paid to the appellant and discharge voucher in this behalf dated 9th July, 204, Annexue:R -7, is there.
(3.) ACCORDING to the respondent with the payment of this amount, appellant s claim against it stood fully satisfied as this amount was received in full and final settlement regarding fire which occurred on 16.10.2003. Record of the complaint file shows that after receipt of the amount vide Annexure R -7, appellant got legal notice issued to the respondent explaining the circumstances whereunder he had to accept the amount of Rs.8,53,117/ -. This was duly replied to on behalf of the respondent by its Counsel. Its stand as contained in this was, that the amount was received by the appellant in full and final satisfaction of his entire claim without any protest in the presence of witness after being fully satisfied. This notice was sent on 20.7.2004 as is evident from Annexure R -11, and was replied to on 27.7.2004 vide Annexure R -9.;


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