- (1.) THIS appeal arises from order dated 30.6.2003 rendered by the learned Consumer Disputes Redressal Forum, Sabarkantha in Complaint No.223 of 2000 directing the opponent Insurance Company to pay balance claim of Rs.38,500/ - with interest @ 9% p. a. from 10.3.2000 till payment and compensation in the sum of Rs.5,000/ - and cost in the sum of Rs.2,500/ -.
(2.) IT was the complainant's case before the learned Forum that his truck in question was insured with opponent Insurance Company for Rs.5,80,000/ - and during the period of insurance it met with an accident on 25.9.1998. Necessary claim was preferred before the opponent Insurance Company who had taken time of around 21 months in settling the claim resulting into complainant having been put into financial hardship. The complainant, therefore, was compelled to accept Rs.2,83,500/ - on 10.3.2000 in full and final settlement of the claim under such compelling circumstances. However, after passage of nearly four months, the complainant issued notice on 10.7.2000 to the opponent Insurance Company and filed the complaint in question on 17.10.2000 before the learned Forum. The opponent Insurance Company canvassed settlement of claim and discharge of its liability without any objection from the complainant. The learned Forum accepted the case of the complainant that he was put into adverse financial circumstances and, therefore, compelled to accept the settlement offered by the opponent Insurance Company. The learned Forum, therefore, upheld deficiency in service on the part of the opponent Insurance Company in settling the claim less to the extent of Rs.38,500/ -. Hence the impugned order.
(3.) WE have heard the learned Advocates for the parties. We have gone through the impugned order. We have also gone trough the memorandum of appeal. Even the decision referred to by the learned Forum clearly indicates that the defence with regard to compelling circumstances for issuance of unqualified discharge voucher and accepting payment as per settlement under compulsion should be taken immediately on receipt of the payment or soon thereafter. In the present case, more than three months have passed in issuance of notice after acceptance of the payment and more than 5 months have passed in filing the complaint. In that view of the matter, decision of the Honourable National Commission in the case of M/s. Arora Knitting Industries Pvt. Ltd. V/s. United India Insurance Co. Ltd., 2002 3 CPJ 205, pressed into service from the side of the opponent Insurance Company will directly apply to the present case. In the result, bearing in mind the facts and circumstances of the case, following order is required to be passed. ORDER impugned order dated 20.6.2003 rendered by the learned Consumer Disputes Redressal Forum, Sabarkantha in Complaint No.223 of 2000 is hereby set aside. Complaint bearing No.223 of 2000 filed against the opponent Insurance Company will stand dismissed. This appeal is accordingly allowed, with no order as to cost throughout.;