(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)
(1) This appeal takes an exception to an order dated 23/02/2007 passed in consumer complaint No.8/2006, Shailesh Satish Bhosale Vs. The New India Assurance Co.Ltd., passed by District Consumer Disputes Redressal Forum, Sangli (‘forum’ in short). The consumer complaint regarding alleged deficiency in service on the part of insurance company for not awarding full claim stood dismissed and feeling aggrieved thereby the original complainant preferred this appeal.
(2) The grievance is that thought the insurance claim made to the extent of 2 lacs and odd amount, the insurance claim was settled only at `21,500/-. Discharge voucher was signed by the complainant and accepted the said amount under protest. Feeling aggrieved, consumer complaint was filed claiming balance amount of `2,28,500/-.
(3) The forum found that the amount of `21,500/- was accepted towards full and final settlement without any protest by the complainant and therefore dismissed the complaint.
(4) We heard both the sides. In the instance case, the fact of having accepted the amount of settlement i.e. `21,500/- without any protest is established from the discharge voucher, which does not mention about any protest. It is submitted on behalf of the appellant that after accepting the amount within three weeks, a notice was sent to the insurance company stating the said settlement is not acceptable by the appellant/complainant and therefore, since insurance company did not respond to the notice, consumer complaint was filed.
(5) When the complainant makes any allegation of fraud, coercion etc. in respect of execution of the settlement voucher, it is for him to establish those facts. In the instance case, the complainant failed to establish any such fact. Therefore, it cannot be said that settlement amount was accepted under protest and settlement voucher was got executed under coercion, fraud practiced on the complainant. Therefore, issue of notice by the complainant appears to be an after thought. For the reasons stated above, we find that appeal is devoid of any substance. We hold accordingly and pass the following order:-
ORDER
(1) Appeal stands dismissed.
(2) No order as to costs.
(3) Inform the parties accordingly.
Pronounced on 23rd January, 2012.
