GURLAL SINGH Vs. ORIENTAL INSURANCE CO.LTD.

JUDGEMENT

(1.) THE appellant has filed an appeal against the orders dated 21.11.2003 passed by the District Consumer Disputes Redressal Forum, Bathinda (in short œDistrict Forum ).

(2.) THE brief facts of the case are that complainant/appellant was doing the business of tent house at village Bhagwangarh and respondent No.2 purchased one Shopkeeper Insurance Policy for Rs. 1.00 lacs from respondent No.1 vide Cover Note No.732999 which was valid from 20.4.2002 to 19.4.2003 on his behalf as all kinds of stocks/goods of tent house are hypothecated with opposite party No. 2. On 20.11.2002, at about 10.30 p.m., his shop caught fire as a result of which almost all the goods/articles of the shop were destroyed. In this regard, intimation was sent to P.S. Sangat. He also lodged the claim with respondent No.1 through respondent No.2 who deputed M/s Mittal Surveyors Private Limited, Bathinda to assess the loss. During the pendency of the claim, respondent No.1 compelled him to sign some blank papers/forms for releasing payment of Rs.10,000/ - to respondent No.2 on his behalf, but he did not sign the said blank papers and rather protested that he is entitled for the loss of Rs.80,000/ -. In this regard, he also wrote a letter dated 13.1.2003 to respondent No.1 and after receiving the said letter, respondent No.1 through respondent No.2 compelled him to sign the receipt of the cheque as full and final payment, otherwise officials of respondent No.1&2 will not make the payment. Due to duress and coercion, he had to sign the said voucher in the bank of respondent No.2. He immediately lodged protest vide letter dated 21.01.2003 that his signatures had been obtained under duress, coercion and against his wishes and requested to make the payment of balance claim amount of Rs.70,000/ -, but to no effect. Hence, this complaint for directing the respondent No.1 to make payment of the balance claim amount of Rs.70,000/ - with interest @ 18% P.A. from the date of accident till the date of payment and to pay him a compensation of Rs.20,000/ - on account of mental tension and agony suffered by him.

(3.) RESPONDENT No.1 filed its reply that as per survey report, the claim of the appellant had already been settled for Rs.10,084 vide cheque No.370352 dated 1.11.2003 and in this regard, appellant also issued discharge receipt as full and final settlement of his claim. It had been denied that the appellant accepted the claim amount of Rs. 10,084.00 under any duress or coercion, rather the claim was passed with his consent and he issued the discharge receipt as full and final settlement with his own free will. In the end, it had been prayed that the complaint be dismissed with cost.