Articles

COMPLAINT AFTER SETTLEMENT NOT TENABLE





 Complaint once settled cannot be tenable 



Gursharan Singh V/S . Aegon Religare Life Insurance  on 21 May, 2014

 

The complainants, thus, received this amount, without any protest or demur. Not only this, even after the receipt of amount aforesaid, on 15.01.2013, the complainants did not, immediately lodge any protest, by writing a letter to the Opposite Parties, stating therein, that they were accepting the amount, in partial satisfaction of the claim, and reserved their right to resort to the legal remedy for claiming interest and compensation. The complainants, after receiving the amount, on 15.01.2013, filed the Consumer Complaint on 03.04.2013. Why the complainants kept silent, and slept over the matter, for a period of about three months, after acceptance of the amount of the Policies, is not known. This clearly goes to prove that the complainants, voluntarily, accepted the refund of amount aforesaid, without claiming any interest and compensation. Since the complainants accepted the refund of amount of the Policies, without any protest or demur, the relationship of consumers and service providers between the parties, ceased to exist. Similar observations were made in Indu Bala Satija Vs.Haryana Urban Development Authority, III (2013) CPJ 475 (NC). Under these circumstances, the complainants were not entitled to interest and compensation, as claimed by them. The Opposite Parties were, thus, neither deficient, in rendering service, nor indulged into unfair trade practice.

 

 

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