Per Sri M.V.L.Radha Krishna Murthy, Member:

This complaint is filed u/s 12 of Consumer Protection Act praying to direct the opposite parties to pay an amount of Rs.4,00,458/- under the above policy dated 03-04-08, to pay an interest from the date of accident i.e. 03-05-08 and subsequent interest till realization @12%p.a. as per I.R.D.A. Rules, to pay an amount of Rs.1,00,000/- towards mental agony and to pay an amount of Rs.10,000/- towards legal expenses.   

1. The averments of the complaint in brief are as follows:

The complainant was doing chillies commission business at A.M.C., Guntur, and has been paying yearly premium to the 1^st opposite party for standard fire and special perils policy and took the policy from the opposite party on 03-04-08 for the risk assured amount of Rs.7,00,000/- towards assurance of 475 bags of chillies kept in his plot No.362.  The said policy is valid upto the midnight of 02-04-09.  On the midnight of 03-05-08 475 bags of chillies of different varieties were on the plot form of the complainant firm and the said block was pertaining to different farmers of Guntur District.  On 03-05-08 in the early hours a major fire accident was occurred in the A.M.C. yard and a total of 2,51,746 bags were gutted in the fire accident and all the electronic media and print media have highlighted the said fire accident and also loss caused to the farmers who brought chilly bags to the market yard and also loss caused to the owners of the shops and the Government have also issued a G.O. bearing G.O.R.T.No.609, Agricultural and Cooperative Depot dated 21-05-08 fixing the rate of Rs.1200/- per bag of 40 kgs and Rs.3,000/- per quintal without differentiating red and white chillies.  The complainant submitted fire claim form to the 1^st opposite party on 25-08-08.  The opposite party insurance company paid part payment of Rs.2,99,542/- on 24-05-10 to the complainant and postponing the final claim for the remaining payment.  The complainant has submitted the stock particulars and also addressed a letter dated 28-01-09 to the 1^st opposite party.  In letter No.190/2008 the Selection Grade Secretary of Agricultural Market Committee, Guntur has confirmed the stock on the plot form of the complainant stock that was gutted in the fire accident.  The complainant has been repeatedly roaming around the office of 1^st opposite party for settlement of claim amount.  However the opposite parties have not settled the remaining claim amount inspite of the demands made by the complainant.  The complaint also got issued a notice to both opposite parties 26-09-11 and the same was acknowledged by the opposite parties.  But the opposite parties kept quite and did not give any reply.  Hence the complainant suffered mental agony.  Hence the complaint.                 

3.      The 1^st opposite party field its version and the same was adopted by the 2^nd opposite party. The version of 1^st opposite party in brief is as follows : 

          Most of the allegations mentioned in the complaint are incorrect and false and the complaint is not maintainable under Law.  The complainant has taken the standard fire and special perils policy for his class-I construction building situated in A.M.C., Guntur for Rs.2,00,000/- and on stocks of chillies for Rs.5,00,000/- valid from  03-04-08 to 02-04-09.  The complainant has no cause of action against the opposite parties.  This opposite party assessed the loss caused to the building and the chillies stock and paid the same through a cheque bearing No.22101 dated 25-05-10 for Rs.2,99,542/-.  The complainant received the same after duly signing the settlement intimation voucher in full and final settlement of its claim.  It is true that a fire accident occurred on the night of 03-05-2008 in A.M.C., Guntur and several claims are made by the commission agents both for their structure/building and also the stock of chillies held by them.  But none of the commission agents submitted the required/relevant documents for settlement of claims for one reason or other.  Ultimately, the district administration involved in the procedure of settlement of claims and several meetings are conducted.  At a joint review meeting held on 22-09-09 by the District Collection, Guntur, with the insurance authorities, commission agents, the then Chairman of A.M.C., Guntur and marketing officials evolved the procedure for settlement of claims.  After considering various factors and dues exchanged by the insurance companies and commission agents, the District Collector instructed the commission agents to submit the following documents to the insurance authorities for settlement of claims for which the insurance authorities are also agreed. 

List of documents to be submitted by the commission agents: 

1. policy copy/copies
2. claims form duly completed
3. copy of partnership deed in case of partnership
4. copies of VAT and CST registration certificates if any
5. Yard license copy pertaining to the plot (Form -8) and certificate issued by A.M.C., regarding damage to the shed.
6. Estimation for the reconstruction of burnt shed along with plan
7. Stock statement showing arrivals and dispatches of chilles stocks pertaining to various farmers from  23-04-08 to 03-05-08 or copy of stock registered for the above period. 
8. Copy of tak pattis/sales invoices for the above period.

The payments to the affected farmers by the commission agents after the settlement of claims will be closely monitored by the district administration.      

4.      The above referred documents are the minimum required documents that are necessary for settlement of claims and the insurance companies have to thoroughly go through all these documents and arrive at the actual stock of chilles present at the time of fire accident and assess the loss.  Since the claims are in crores and as the public money is involved, the District administration and the insurance companies have taken maximum precaution so that bogus claims would not be paid and if the claim is admissible but the stock of chilles belonging to the farmers, the amount should reach the affected farmers.  The insurance companies have paid the compensation amount by way of cheque in the name of commission agent but the said cheque along with the list of farmers effected is sent to the District Collector, Guntur, who in turn see that the amount reached to the effected farmers. So far the claim of the complainant is concerned, it is claimed for both the structure and the stock of chilles gutted in the fire. The opposite parties have appointed Charted Accountant/insurance surveyor who assess the loss allegedly caused and he submitted his report dated 20-01-10.  The surveyor visited the premises where the alleged loss caused and inspected the relevant records, obtained the necessary documents and submitted his reports.  So far the structure of building is concerned, the surveyor assessed the net loss @ Rs.60,000/-. After going through the relevant file this opposite party observed the procedure of chillies trading at chillies market yard as follows :

        1.  Arrival Register :  As soon as the farmer brings his chillies stock to the market yard, their details such as name, village, number chillie bags brought, name of commission agent, and vehicle no., by which the chilles are brought to the yard will be recorded at the entrance gate itself in the arrival (inward) register. Then the stock will be unloaded at the commission agent’s shop. 

          2.  Amanath Patty       :        When the stock is arrived at the shop of commission agent, he will record the same in a slip called Amanath patty and one copy will be given to the farmer. 

        3.  Stock Register        :        Farmer wise arrivals and dispatches will be properly accounted by the commission agent in a register called stock register and will be endorsed by the Market Committee from time to time. 

        4.  Auction                    :        The auction staff of A.M.C., will conduct open auction at each and every commission agent and will note down the successful transactions in a register called Auction register.

5.  Kata Chitty              :        After finishing of sale by auction..

6.  Tak Patty                :        After finishing of sale and

                                           weighment done…..

7.  Outward (Dispatch) Register : After completion of

                                                            sale….

5.      The complainant has insured 475 bags of chilies belonging to the farmers for RS.5,00,000/- (actual insured amount is mentioned).  But the inward stocks will be auctioned by commission agents and new stocks will be brought by the farmers and it is fluctuating.  So the question is what is the actual quantum of stock that were there at the shed of the complainant at the time of fire accident and if really there is any stock? 

6.      The complainant submitted letter No. 190/2008 dated 28-01-09 issued by the Selection Grade Secretary (FAC), Agricultural Market Committee, Guntur, stating that an extent of sum insured by the complainant for Rs.5,00,00/- worth of chillies gutted in the fire accident. The surveyor also observed in his report at page 6.  Basing on the above decision, a certificate was issued by A.M.C., in which 475 bags of chilles said to be lying at insured shop and were gutted in the fire and by saying so he assessed the alleged loss.  But the surveyor’s observation is based on A.M.C., certificate, which was issued basing on the information given by the complainant and not as per their records.  Even they are unable to mention the number of bags that were there at the shed of the complainant at the time of fire accident.  As the complainant obtained a policy for Rs.5,00,000/- for the stock of chillies, the A.M.C., issued certificate stating that the stock of chillies worth Rs.5,00,000/- was gutted in the fire accident.  Hence the said certificate has no authenticity and it is not conclusive proof so as to arrive the stock position at the time of fire accident.  The surveyor in his report observed that the District Collector, Guntur, formulated a high level committee to find out the exact quantity of chilles damaged in the fire and they submitted their report.  When compared the inward and outward register of A.M.C., none of the day to day entries are tallying with that of high level committee report.  The enquiries of opposite parties reveal that because of peak season, the A.M.C., staff are unable to record properly either the inward or the outward movement of chilles.  After going through the entire file this opposite party observed the following regarding the stock :

7.      The following discrepancies are noted on comparing the details given in stock register with those of producer Taka patty and commission taka patties.

        1.  The producer Taka patties are not issued in chronological order.  Taka patty no.15 was issued on 29-04-08 where as patty 16 and 17 are issued on 28-04-08.  Taka patty no.18 was issued without date.  Further patties Nos. 16 & 17 set to have been cancelled but noting made as paid on 16-06-08 and 04-06-08 respectively on the read copy of the farmer immediately after the completion of the transaction. Hence the number of bags noted in producer Taka patties No.16 & 17 are taken for 28-04-08 and thereby the closing balance for that date becomes zero. 

        2.     Taking into account of above aspect and also that the Taka patti No. 18 was issued on 29-04-08 and on verification of Taka patties (sale invoices), it is noted that receipts of bags are 395 and sale are 352 and then the closing balance is 43 only. 

        3.     Receipts of Chiki bags for 30-04-08 and 02-05-08 are shown as 72 & 117 respectively.  There was no market on 30-04-08 and hence no transaction.  But sales for 02-05-08 are noted as 23 only. 

8.      Although the commission agent submitted Amanath Patties, they are not containing the farmers signatures and hence not considered.  However giving the benefit to the insured the entries in the stock register for the dates 30-04-08 and 02-05-08 are considered as it is.  Accordingly the closing balance as on the date 02-05-08 is assessed at as under:-                                                     

bags

        Opening balance for 30-04-2008            43

        Add: Receipts on 30-04-2008                        72

        Add: Receipts on 02-05-2008                       117

                                                               232

        Less : Sales on 02-05-2008                  23

                                Total                        209   

Therefore the number of chillies bags allowed for loss assessment is 209 bags.

Total value of the 209 bags of chillies  is      209 X 1200 = 2,50,800/-

Assessment of loss                                                     Rs.

1.  On building :                                         

     Value of the shed 1100 Sq.ft.@120           Rs.1,32,000

     Less :  50% depreciation                                 Rs.   66,000

      Value of the shed at the time of loss               Rs.   66,000

      Less :  Salvage                                     Rs.     6,000

                        Total                                 Rs.   60,000

Thus the total loss arrived at on building                Rs.    60,000

                                On stock                    Rs. 2,50,800

                                                                Rs.3,10,800

                        Less :  Policy excess            Rs.   10,000

                                                                                                                                            Rs.3,00,800                                                                              

The same was paid after deducting the premium for reinstatement of sum insured as per policy conditions for the balance period through a cheque bearing No.22101 dated 25-05-10 for Rs.2,99,542/-.  The complainant received the same after duly signing the voucher in full and final settlement of its claim.  It is false to state that the opposite parties have paid part payment of Rs.2,99,542/-.  First the complainant has agreed to receive Rs.2,99,542/- in full and final settlement of its claim under the policy and duly signed the voucher.   Thereupon the opposite parties prepared cheque accordingly and complainant signed the disbursement voucher.  This opposite party got issued reply notice dated 03-12-10 to the complainant, but the complainant suppressed the said fact.  The complainant has no locus standi to file the complaint in his own name.  The complainant is not the owner of the said stock.  The farmers to whom the stock of chilles allegedly belonged are necessary and proper parties to the proceedings, and the complaint is bad for non joinder of necessary parties.  There is no deficiency of service on the part of opposite parties.  Hence the complaint may be dismissed with costs. 

9.      Complainant and 1^st opposite party filed their respective affidavits in support of their versions. 

10.    On behalf of complainant Exs.A-1 to A-8 are marked.  On behalf of opposite parties Exs.B-1 to B-9 are marked.      

11.    Now the points that arise for consideration are:

        1.  Whether there is any deficiency of service on the part of

             opposite parties?

        2.  To what relief the complainant is entitled to?

12.    POINT NO.1:     The case of the complainant is that he is doing chillies business in Agricultural Market Committee, Guntur, in plot No.362, that complainant obtained  a standard fire and special perils policy on 03-04-08 from the opposite parties company for the stocks stored at his plot and the buildings, and that the risk assured was for Rs.7,00,000/- and during the subsistence of the policy on the mid night of 03-05-08 there was fire accident in which 475 bags of chillies of different varieties kept on the plot form of complainant were gutted, that the Government have issued a G.O.R.T.609 dated 21-05-08 fixing the rate of 40kgs bag of chilliy @Rs.1200/- and Rs.3,000/- per quintal without differentiating red and white chillies, that complainant made claim to 1^st opposite party on 25-08-08 and that the 1^st opposite party paid part payment of Rs.2,99,542/- on 24-05-10 to the complainant and have not finalized the remaining claim amount inspite of repeated demands by complainant and that finally complainant got issued notice to opposite parties on 26-09-11, the opposite parties have received the said notice on 29-09-11 and kept quite and that thereby the complainant suffered mental agony and that thus there is deficiency of service on the part of opposite parties.

13.   The case of the opposite parties is that they have settled the claim of the complainant and paid Rs.2,99,542/- through a cheque dated 25-05-10, that the complainant have received the same.  After duly signing the settlement intimation voucher in full and final settlement of the claim, that the amount paid to the complainant is not party payment, that the complainant received the settled amount and after a long lapse of 16 months, complainant got issued notice on 28-10-10 for which they have issued reply notice dated 03-12-10 but the complainant suppressed the said fact and filed this complaint.  That there is no deficiency of service on the part of opposite parties.

14.    It is not in dispute that the complainant is doing chillie business in the Agricultural Market Committee, Guntur at plot No. 362.  It is also not in dispute that the complainant have insured building for Rs.2,00,000/- and stocks of chillies for Rs.5,00,000/- under standard fire and special perils policy which is valid from 03-04-08 to 02-04-09.  It is also not in dispute that during the subsistence of the policy fire accident occurred on the night of 03-05-08 in Agricultural Market Committee, Guntur in which plot No.362 of complainant and the stocks of Chillies kept in it were also gutted in the fire accident.  Complainant claimed that there are 475 bags of chillies kept in his plot gutted in the fire accident and that as per the order of the Government in G.O.R.T. NO.609 dated 21-05-08 the rates of 40 kgs bag of chilies were fixed @ Rs.1200/-.  It was alleged by the complainant that the opposite parties have paid an amount of Rs.2,99,542/- on 24-05-10 towards part payment of his claim and have not settled the remaining claim amount of Rs.4,00,458/- covered under the policy.  The burden lies on the complainant to prove that there was 475 bags of chillies were kept at the plot of the complainant were gutted in the accident and there was damage to the shop of the complainant for indemnifying the loss by the opposite party company.  While admitting the alleged fire accident the opposite parties have contended that several claims are made by the commission agents including the complainant for their structure/building and also the stocks of chillies held by them, but none of the commission agents submitted the required documents for settlement of the claims for one reason or other and ultimately the District administration involved in the settlement of claims and conducted several meetings, that at the joint review meeting held by the District Collector, Guntur on 22-09-09 with the insurance authorities, commission agents Chairman of Agricultural Market Committee and marketing officials.  After considering various factors and views exchanged by the insurance companies and commission agents the District Collector instructed the commission agents to submit the following documents to the insurance authorities for settlement of claims for which the insurance authorities are also agreed.

List of Documents to be submitted by commission agents. 

1. policy copy/copies
2. claims form duly completed
3. copy of partnership deed in case of partnership
4. copies of VAT and CST registration certificates if any
5. Yard license copy pertaining to the plot (Form -8) and certificate issued by A.M.C., regarding damage to the shed.
6. Estimation for the reconstruction of burnt shed along with plan
7. Stock statement showing arrivals and dispatches of chilles stocks pertaining to various farmers from 23-04-08 to 03-05-08 or copy of stock register for the above period. 
8. Copy of Tak pattis/sales invoices for the above period.

Copy of the minutes of joint review meeting dated 22-09-09 convened by the District Collector, Guntur, is marked as Ex.B-7.  As per the Ex.B-7 the commission agents shall submit the above said documents as directed by the District Collector for settlement of their claims. As far as the claim relating to the damage of the building is concerned the complainant has not disputed. The complainant contents that there is stock of 475 bags of chillies are available as on the date of fire accident in his plot and the said 475 bags of chillies were gutted in the fire accident.  In support of his claim he filed Ex.A-3 copy of stock statement the said Ex.A-3 is only a self serving document.  The complainant also filed the copy of letter addressed by A.M.C. Guntur, to opposite party company and it was marked as Ex.A-4.  It was mentioned in Ex.A-4 letter by the A.M.C., Guntur that the extent of sum insured by complainant was for Rs.5,00,000/- worth of chillies and the total bags gutted in the fire accident. It was not mentioned in the said letter the number bags available and gutted in the fire accident in the plot of complainant.  The opposite party company appointed a surveyor to assess the loss sustained by the complainant in the fire accident and to submit his report.  The said surveyor submitted his report dated 20-01-10.  The copy of report of the surveyor was marked as Ex.B-8. In Ex.B-8 report the surveyor mentioned the records and the procedures maintained by the commission agents in A.M.C. while conducting the auctioning and sale of chillies at the yard premises.  He has mentioned that there will be arrival register(inward register), amanath patti, stock register, auction register, cata chitti, tak patti and outward register(dispatch register) are maintained in the day to day transactions. Regarding the stocks he has mentioned in his report as follows :   

All the commission agents are maintaining the stock register in their respective shop in the yard along with amanath pattis.  But these records are said to have burnt in the fire along with their stocks and sheds.  The other records such as Tak patti (sale invoice), day book and ledger are being kept at the insured principle place of business located out side the A.M.C premises.  They are also submitting monthly returns to the A.M.C. indicating the total number chilly bags they have sold in that particular month and their value.   As all the insured said that their stock books were burnt they insisted the authorities of A.M.C. to provide the copy of their inward and out ward register from 01-04-08, but they hesitated to provide the same.  Finally opposite parties applied for the copies of inward and outwards registers of the yard under R.T.I.Act. Even then an outward register pertaining to Gate No.2 for the period from 01-04-08 to 22-04-08 was missed and said to be not traced.  Totally there were six gates for entry and exit to the yard premises out of which the entries and exits of chillies stocks are being done through gate Nos. 2,3,5 and 6.  Hence they got the copies of inward and outward registers.  Usually the chillies brought by the farmers would be auctioned on the same day or on the next day depending upon the time of arrival of stock at the market yard and the prevailing rate on that particular day.  At the most the stocks of particular farmer would remain or auctioned or undelivered for not more than two to three days.  The outward and inward movement of chillies of insured are obtained from the above registers from the period from 23-04-08 to 03-05-08 for a period of one week prior to the date of fire to arrive at the quantity of chillies stock lying at the insured premises. 

15.    Complainant/ insured have submitted his statement showing the arrivals and dispatches of various farmers from 23-04-08 to 03-05-08.  When the particulars of statement of complainant are checked with the entries made by the A.M.C. in their inward and outward registers, it was found that they are not tallying i.e. either there were no entries at all or not being entered correctly. After the occurrence of fire, a high level committee has been formed by the District Collector Guntur, to find out the exact quantity of chilles damaged by fire. The said high level committee submitted its report indicating the quantities of daily arrival and dispatches of chillies from 01-04-08 to 03-05-08 and closing stock as on 03-05-08.  When examined the entries of inward and outward registers with the report of high level committee it was observed that none of the day to day entries of inward and outward registers are tallying with the report of the high level committee.  The A.M.C. staff are unable to record properly the inward and outward movement of chillies.  It was noticed that almost 80% of the farmers stocks available with the commission agents are not recorded in the A.M.C. registers.   In the month of January, 2008 i.e. three months prior to the fire accident the Government of A.P. has constituted a committee to study and report the functioning of the A.M.C. at Guntur, and the committee submitted its report.  As per the report there are so many lapses noticed by the committee and one such major lapse is lacuna in recording the arrivals and dispatches from the A.M.C. Guntur. In the said report of the committee it was mentioned that due to improper maintenance of arrival register it is difficult to whom actual payment of sale proceeds is made.  This will also give insecurity to the farmers during the unforeseen calamities happened in the market yard.  As the names and stock particulars are not properly entered in the arrival register the insurance facility provided to the farmers for sale of their produce in the market yard will be defeated.  There is no proper verification on the arrivals noted at unloaded places.  In the foregoing conditions the authenticity of inward and outward registers are very doubtful and therefore considering these registers as basis for arriving the stock position of different commission agents at the time of fire accident is not justifiable.   In the above contest, in the absence of availability of any other credible records after having number of deliberations between the insurers, surveyors, A.M.C. officials and District Collector  it has been decided that the claims may be settled basing on a certificate issued by the A.M.C. endorsed by Deputy Director Marketing, Government of A.P. certifying the number chilly bags held by each commission agent in the yard  on the date of fire and burnt in the fire accident without taking into account of inward and outward registers of A.M.C.  Finally the Surveyor assessed the loss of stocks of the complainant as 475 chillie bags and the value there of at Rs.5,00,000/- .

16.    Thus the net value of the stocks assessed by the Surveyor is noted as Rs.5,00,000/- and the net loss of the building was assessed Rs.60,000/- in the Surveyor report Ex.B-8.  Thus the report of the Surveyor pointed out irregularities in maintaining records by the A.M.C. The certificate said to have been issued by the A.M.C. on the basis of which the Surveyor assessed the net loss of stocks of the complainant is not filed before this Forum.  But as already stated above letter addressed by A.M.C. to the opposite party (Ex.A-4) was filed, wherein the total bags of chillies in the plot of complainant that were gutted in the fire was not mentioned.   As already stated above inspite of number of irregularities in the maintenance of records by A.M.C. the surveyor has assessed the net value of the stock of the complainant that was gutted in the fire accident as Rs.5,00,000/-. 

17.    In the said circumstances, the opposite parties have settled the claim of the complainant and paid a sum of Rs.2,99,542/- through cheque dated 25-05-10 in full and final settlement of the claim of the complainant after settlement intimation voucher (Ex.B-1) duly signed by the complainant. Thus the complainant agreed to receive Rs.2,99,542/- towards full satisfaction of his claim and duly signed in Ex.B-1 settlement voucher.  Subsequently after a long lapse of 16 months the complainant has got issued a notice Ex.A-6 dated 26-09-11 stating that complainant has taken policy for the risk assured for an amount of Rs.7,00,000/-, out of that amount Rs.2,00,000/- for superstructure of class II construction and Rs.5,00,000/- towards assurance for 475 bags of chillies kept in his plot and opposite parties have issued a cheque for Rs.2,99,542/- towards partial satisfaction and discharged the claim of complainant, and requested to settle the remaining claim amount. Subsequently complainant got issued another notice dated 28-10-10 to opposite parties under Ex.B-4  requesting the opposite parties  to settle the claim without mentioning about the payment made by opposite parties under the cheque dated 25-05-10. Then opposite parties have issued a reply notice dated 03-12-10 under Ex.B-5 stating that they have already settled the claim of the complainant on 25-05-10 for Rs.2,99,542/- through a cheque dated 25-05-10 and the said amount was realized by the complainant on  26-06-10.  

18.   As already stated above the amount paid by opposite parties as per Ex.B-1 under a cheque dated 25-05-10 is Rs.2,99,542/-. Out of the said amount, an amount of Rs.60,000/- is settled towards damage of the building and the remaining amount of Rs.2,39,542/- is paid towards value of the stock after deducting the premium for reinstatement of the sum assured.  As per the complainant the total value assured for stock is Rs.5,00,000/-.  Now the complainant is claiming Rs.4,00,458/-.  If the amount claimed by the complainant is added to the value of the stock paid by opposite parties, it will exceed the sum assured towards stock of the complainant for which the opposite parties are not liable, since the complainant is not disputing about the sum paid towards damage of the structure. 

19.    During the course of arguments in support of their case the learned counsel for opposite party relied on a decision reported in 2008(4) CPR 96 (SC), Supreme Court of India, in a case, between National Insurance Company Ltd., Vs Nipha Exports Pvt.Ltd., where in it was held that

“Where insurance claim was settled and received by insured, in absence of any evidence that discharge voucher or receipt had been obtained from complainant fraudulently or by exercise of undue influence or by misrepresentation or the like or  coercive bargaining, consumer complaint would not lie”. 

It is not the case of the complainant as seen from the notice dated 28-10-10 ( Ex.B-4) or from the notice dated 26-09-11 (Ex.A-6)  as well as the averments and affidavit of the complainant that opposite party obtained discharge voucher fraudulently or by excise of undue influence or by misrepresentation or the like or coercive bargaining.  Therefore in view of the abnormal delay in issuing the said notices Ex.A-6 & B-4 by the complainant to the opposite parties, it leads us to draw an inference that the complainant took the amount of Rs.2,99,542/- under discharge voucher (Ex.B-1) towards full satisfaction of his claim. 

20.    In view of the foregoing discussion and in the circumstances of the case, we cannot find any deficiency of service on the part of opposite parties.  Accordingly this point is answered.  

21.    POINTS 2:-   In view of the finding on point NO.1 the complaint is liable to be dismissed.

22.    In the result, the complaint is dismissed. But in the circumstances of the case each party shall bear their own costs.

Typed to my dictation by Junior Stenographer, corrected by me and pronounced in the open Forum dated this the 29^th day of June, 2012.

MEMBER                                  MEMBER                           PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainants:

For Opposite Parties  :

       PRESIDENT