Heard learned counsel for both the parties.
2. Captioned appeal is filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.
3. The case of the complainant in brief is that the complainant being the owner of one truck bearing registration No. OR-07-J-5651 had purchased policy for the vehicle covering risk for the period from 14.09.2007 to 13.9.2010.
4. It is alleged that on 9.11.2008 the vehicle was stolen by some unknown culprit. Thereafter, the matter was reported to the police and the insurer. It is also the case of the complainant that she purchased the vehicle being financed by M/s. Shriram Transport Finance Company for a sum of Rs. 4,50,000/-. It is alleged inter alia that the Insurance Company did not settle the claim for which she filed the complaint.
5. The opposite parties no. 1 and 2 filed their written version stating that the vehicle in question has been insured and for the occurrence, they have deputed a investigator who has investigated the matter. After such investigation, the opposite parties settled the claim amount at Rs. 4,43,750/- and after the complainant signed the claim discharge voucher, the amount was released in favour of the Financier as per terms and conditions of the policy.
6. After hearing the parties, learned District Forum have passed the following order:-
“ The complaint is dismissed on contest against the opposite parties no. 1 and 2 and ex parte against the remaining opposite parties without cost.”
7. Learned counsel for the appellant submitted that the learned District Forum committed error in law by not allowing the complaint in spite of materials available on the side of the complainant. She further submitted that the appellant had submitted a report and the matter was also reported to the Investigating Officer, but it was not settled in favour of the complainant for various reasons. She also submitted that the opposite parties took the signature of the complainant in a blank paper and also the fact that the amount of Rs. 4,43,750/- has been given to the Financier and not to the complainant.
8. Learned District Forum ought to have considered all these facts and law. Therefore, she submitted to allow the appeal by setting aside the impugned order.
9. Learned counsel for the opposite party submitted that the matter has already been settled because the complainant has only made allegation with regard to the amount of settlement. After the complainant signed the claim discharge voucher, the amount has been released in favour of the financier. Therefore, there is no further occasion to raise the objection. In support of his submission, he also cited a decision of the Hon’ble Supreme Court in United India Insurance vrs. Ajmer Singh Cotton &
General decided on 12th August, 1999 where Their Lordships observed that the discharge vouchers was admittedly executed voluntarily and the complainant had not alleged the execution under fraud, undue influence, mis-representation or the like. Therefore, there is no cause of action to file the complaint. It is only submitted by the learned counsel for the appellant that such voucher has been prepared but signature of the complainant has been taken on a blank paper. We have verified the complaint petition, but no such averment is there in the complaint. When there is no pleading in the complaint, mere submission of the learned counsel for the appellant cannot stake any claim. On the other hand, document, policy, indemnity bond cannot be said to have been obtained by exercising coercion. There is no specific allegation in this regard in the pleadings.
10. In view of such documents, we are convinced that the complainant after receiving the amount, duly credited in her account, she has no further cause of action to agitate. Therefore, we agree with the findings of the learned District Forum and accordingly we find no merit in the appeal.
11. The appeal is accordingly dismissed. No cost.
DFR be sent back forthwith.
Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.
