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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