SHAMBHU NATH BAL MUKAND Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) -this is a complaint under Sec.12 of the Consumer Protection Act, filed by M/s. Shambhu Nath Bal Mukand, Haridwar Road, Sahanpur, Najibabad, District Bijnore through Sri Rajul Randhar, Partner, against New India Assurance Company Limited through its Branch Manager, with the allegations that the complainant is a consumer and has availed facilities of insurance by payment of consideration (premium) to the opposite party. The insurance policy covered various risks, calamities such as flood. It has been alleged that the loss of the stock of Rab was caused due to flood. The Insurance Company appointed Surveyor for the assesment of loss and the complainant assisted the Surveyor by providing him relevant documents. It has further been alleged that the opposite party sent a cheque for Rs.4,67,434/ - to the complainant against the entitlement of Rs.20,57,950/ -. It has also been alleged that the Insurance Company got the signature of the complainant on blank discharge voucher on the plea of early payment which is an abuse of confidence. He also placed reliance on the decisions of Hon'ble Supreme Court and Hon'ble National Commission.

(2.) THE opposite party, Insurance Company filed its written statement with the allegation that the complainant is not a consumer. The company also allegedly justified the report of the Surveyor including Rs.100/ - per qtl. as salvage cost of the Rab. There is no deficiency in service by the Insurance Company. Denying vehemently the claim, the Insurance Company alleged that the complainant accepted the properly filled up discharge voucher voluntarily without any protest and with the consent of his Banker (Bank of Baroda, Nazibabad) and the cheque issued in lieu of the settlement of the claim was promptly encashed and was never returned in protest by the complainant. This is alleged that the complaint has been filed on an afterthought to extract more money. The Insurance Company further asserted that the Surveyor after assessing the net liability rightly deducted 2/3rd of the assessed amount on valid grounds. The Surveyor has rightly and justly assessed the claim and the complainant has voluntarily signed the discharge voucher and accepted the payment as full and final settlement of his claim.

(3.) THE evidence, documents have been exchanged between the parties.