ORAL ORDER
Per – Hon’ble Mr. S. R. Khanzode, Presiding Judicial Member
Heard Adv. Nagesh Chavan on behalf of the Appellants/original Complainants (hereinafter referred to as ‘the Complainants’ for the sake of brevity) and Adv. A. S. Vidyarthi on behalf of the Respondent/original Opponent, The New India Assurance Company Ltd. (hereinafter referred to as ‘the Insurance Company’ for the sake of brevity). Perused the record.
[2] This appeal takes an exception to an order dated 10/5/2007 passed by the District Consumer Disputes Redressal Forum, Sangli (hereinafter referred to as ‘the Forum’ for the sake of brevity) in Consumer Complaint No.34 of 2006, Shri Sanjay Bhalchandra Uplavikar and Others Vs. The New India Assurance Co. Ltd.
[3] Consumer complaint pertains to settlement of the insurance claim. The Forum finding that insurance claim was settled and accepted by the Complainants in full satisfaction and discharge of their claim and signed the discharge voucher accordingly, and relying upon said fact which goes undisputed, the consumer complaint stood dismissed. Being aggrieved by the said order, this appeal is preferred by the Complainants.
[4] Discharge Voucher, titled as ‘Settlement Intimation Voucher’ is produced on the record which reads as under:-
“RECEIVED From THE NEW INDIA ASSURANCE COMPANY LTD. the sum of RUPEES SEVENTY NINE THOUSAND ONE HUNDRED SIXTEEN ONLY which I/we agree to accept in full satisfaction and discharge of my/our claim upon the Company under Policy No.153300/11/94/01006 in respect of ANAND WATCH COMPANY”
[5] This particular discharge voucher was signed on 6/10/2005. It is submitted on behalf of the Complainants that on the very next day viz. 7/10/2005, they had given a notice to the Insurance Company and informed that they had accepted the amount under protest and they could not write so on the discharge voucher since the concerned officials of the Insurance Company prevented the Complainants from doing so. Considering their need to accept the amount and the financial exigency which they had to face after the loss due to flood occurred, they did accept the amount under the settlement. Thus, the Complainant is resiling from the document executed by them. It is for the Complainants to prove by leading cogent corroborative evidence that they have executed the particular discharge voucher under the undue influence or coercion or misrepresentation at the hands of concerned officers of the Insurance Company. We asked the Learned Counsel for the Complainants as to whether such evidence was led by the Complainants before the Forum in the consumer complaint to which he fairly conceded that such evidence was not led by the Complainants. Under the circumstances we find that the Complainants since failed to discharge the burden, it will have to be held that the Complainants accepted the amount from the insurance company towards full and final settlement of their insurance claim and not under protest. Hence, we find no reason to take a different view than what is taken by the Forum. Thus, finding the appeal devoid of any substance, we hold accordingly.
[6] At this point of time Learned Counsel for the Complainants submitted that the complaint may be remanded to the Forum. We find the submission is without any merit. Hence, the order:-
ORDER
Appeal stands dismissed.
Parties to bear their own costs.
Pronounced and dictated on 13th March, 2013
