Per Shri P.N.Kashalkar – Hon’ble Presiding Judicial Member.

          This is an appeal filed by the insurance company-original O.P.No. 1 against the order passed by the District Consumer Forum, Thane in C.C. No. 280/2008.  By the said order the forum below allowed the complaint partly and directed insurance company to pay to the complainant remaining compensation of `16,94,068/- with interest @ 9% p.a. from 07/09/2007 till its realization and also directed to pay `10,000/- towards mental agony additionally and `5,000/- towards cost and also directed that if the order is not followed within 30 days from the date of receipt of order, further additional interest 3% on the amount will be payable. 

          Being aggrieved by this award passed by the Forum below the appellant has been filed this appeal.

          The facts to the extent material to dispose of this appeal may be stated as under :-

          It appears that the complainant M/s Fashion Wonder through Proprietor Mr. Anwar Thanewala of Thane had filed consumer complaint.  He pleaded in the complaint that for his self employment he is running cloth shop named as “Fashion Wonder”.  Further he pleaded that he purchased “Standard Fire and Special Perils Policy” and taken insurance coverage for his Fashion Wonder.  The policy was in force from 25/08/2006 to 24/08/2007.  He had paid premium of `9,114/-.  On 13/12/2006 at about 10.00 p.m. due to electric short circuit in complainants shop,  the entire stock was gutted in fire.  The intimation of the said incidence was given immediately to the police and fire brigade.  After extinguishing the fire, police after recorded the panchnama.   Complainant intimated about the damage to the opposite party on 13/12/2006.  Complainant pleaded that on 14/12/2006 he had informed the opposite party that the goods worth `12,00,000/- to `15,00,000/- were damaged in the said fire.  The insurance company thereafter appointed surveyor for proper inspection and assessment of loss.  He submitted all the papers to the surveyor.  However, on 07/09/2007 the insurance company sent him a cheque of `2,87,628/- as a part claim.  He accepted the said cheque without prejudice to his rights and then asked the insurance company to pay remaining amount because he lost goods worth `19,81,690/-.  However, insurance company did not give any reply.  Therefore, he has filed consumer complaint against the opposite party.  He claimed in the complaint that the opposite party should reimburse the remaining amount of `16,94,068/- along with 18% interest from the date of incident till its realization.  He also claimed `1,00,000/- for mental agony and `20,000/- for cost of litigation.

          The opposite party has filed written statement and contested the matter.  According to opposite party, they had issued “Standard Fire and Special Perils Policy” in favour of the complainant and the policy period was 25/08/2006 to 24/08/2007.  They admitted that there was fire in the shop of the complainant and when the complainant intimated to them, they immediately appointed surveyor to inspect the damage.  On 27/06/2007 the surveyor submitted his report to the opposite parties.  In the survey report, surveyor recommended `2,94,445/-, but ultimately insurance company had sanctioned and paid`2,88,620/- and the said amount was accepted by the complainant without any protest or murmur.  The complainant had not submitted any bills.  The insurance company further submitted that, the complainant had accepted the said amount by way of full & final settlement.  Thus the complainant is precluded from filing the consumer complaint for the cause of action which has been satisfied by the insurance company.  They pleaded further that, in these circumstances, there is no deficiency in the service on the part of opposite parties as alleged by the complainant.   The insurance company therefore pleaded that the complaint is devoid of any substance and be dismissed.

          Both the parties are filed affidavit and documents in supports of their submissions.  Upon hearing both the parties, forum below passed an order and directed the insurance company to pay to the complainant sum of `16,94,068/- along with 9% interest and `1,00,000/- for mental agony and `5,000/- as the cost of litigation.

          We heard both the parties.  We are finding that Adv. Vidyarthi is right when he submitted that the complainant had already been paid `2,87,622/- by the insurance company towards full & final settlement.  The said settlement voucher is on page no. 67.  The settlement voucher is signed by the Proprietor of Fashion Wonder and Canara Bank.  In the said voucher it is mentioned that, “received from United India Insurance Co. Ltd. the sum of Rupees Two Lakh Eighty Seven Thousand Six Hundred Twenty Two only, which I/we agree to accept in full & final discharge of my/our claim upon the company under policy no. 120802/11/06/00000402”.    This voucher is dated 07/09/2007.  By this voucher, it is seen that, the claim of the complainant lodged with the insurance company was finally settled.  The complainant as well as his banker accepted the amount of `2,87,622/- towards the claim lodged by the respondent firm. 

          Adv. Pravartak Pathak submitted that they had accepted the amount under protest and they had sent letter on 13/09/2007 after 6 days.  Their claim was `19,94,068/- and Fashion Wonder mentioned in their letter dated 13/09/2007 that, ‘he had done sign in pressure because mentally he is disturbed’.  A person signing settlement voucher owing to mental agony cannot be heard to say that owing to undue influence by insurance company he agreed to take amount `2,87,622/-.  There are the cases, where we came across a person signing any voucher or documents under pressure or duress, but this is not such a case.  On settlement voucher both of them jointly signed, so he could not say that on 13/09/2007, he was under pressure to sign settlement voucher on their free will complainant as well as his banker put signature on it.     We have to act upon the settlement voucher and hold that insurance company finally settled `2,87,622/- and the settlement voucher was signed by the respondent and his banker.    

          Therefore, we are finding that the impugned award can not be sustained in law.  The respondent is not eligible to get balance amount from the insurance company.  As such appeal will have to be allowed to quash the said award.  Hence, we pass the following order.

-: ORDER :-

     1.       Appeal is allowed.

     2.       Order of the District Consumer Forum is quashed and set aside.

     3.       Consumer Complaint No. 280/2008 stands dismissed.

     4.       The amount deposited by the appellant in this Commission is to                    be back to the appellant. 

     5.       Parties to bear their own cost.

     6.       Copies be furnished to the parties