Consumer protection act
Munish Kumar Garg
(Querist) 09 February 2014
This query is : Resolved
Hello Members
My client filed the complaint before the State Commission for claiming the compensation of Rs.40 Lacs on account of dacoity at their business place and pursuant to that my client filed the claim before the Hon'ble State Commission, which was dismissed by arriving to the finding that the complainant has accepted the claim as full and final settlement and no complainant cannot claim anymore compensation.
As the order of the Hon'ble State commission is perverse, as it is specifically observed by the Hon'ble Commission that the present appellant has accepted the discharge voucher as full and final settlement and mere raising objection on the very next (i.e. after the acceptance of the discharge voucher) does not substantiate the claim of the complainant and dismissed the complaint.
Note:- It is for your information, that complainant has mentioned while endorsing on the discharge voucher in the bottom "THAT HE IS ACCEPTING THE AMOUNT AS FULL/PARTIAL SATISFIED OF MY CLAIM"
So my request to you is that point me any citation which distinguish that Final/ Partial acceptance does not debar the complainant from claiming more compensation.
Thanks
Munish Kumar Garg, Advocate
PH: 09812345165
ajay sethi
(Expert) 09 February 2014
you can search for citations in indian kanoon.com .
you could have accepted amount under protest .
when you use words in full /partial acceptance of claim you unecessarily dragged your self into legal mess . words full could have been scored out by your client when you accepted sum of Rs 40 lakhs .
prabhakar singh
(Expert) 09 February 2014
When one has a right one can legally choose to forego whole or it's part.Rest is known to you or your brief.
Devajyoti Barman
(Expert) 09 February 2014
The reply can not be made on such a scant information.
Citationsa re not given here . I do not think the case has good merit either.
Rajendra K Goyal
(Expert) 09 February 2014
Citation not provided in this section.
Suhail A.Siddiqui
(Expert) 10 February 2014
ACCEPTING THE AMOUNT AS FULL/PARTIAL SATISFIED OF MY CLAIM,
After it, you may context on legal issue/discrepency
Munish Kumar Garg
(Querist) 10 February 2014
I got one citation...
2013 (3) CPC 356 (NC)
Thanks for your reply.
