MINOR GITABEN Vs. NATIONAL INSURANCE CO

JUDGEMENT

(1.) There is no dispute that the complainant has taken insurance under two policies for the shop and godown. That on account of the fire the complainant has suffered damages. There were some negotiations between the complainant and the opposite party the Insurance Company in respect of these two claims made by the complainant. The complainant, as alleged in para 5,. that opponent had paid only Rs.3 lakhs. The total policy was for Rs.5,50,000/-. The complainant, after deducting the said amount has claimed the total amount of Rs.6 lakhs which appears to be totally exaggerated in the sense that the policies were for Rs.5,50,000/- only.

(2.) The Insurance Company has filed a reply and has alleged that after negotiation a settlement was arrived under which the claimant agreed to take Rs.2,76,955/- for full and final settlement of both the policies. The Insurance Company has produced the xerox copy of the receipts signed by the Chairman on behalf of the society. The signature is admitted by the learned Counsel appearing on behalf of the complainant However the learned Counsel argues that the said receipt was obtained by the Insurance Company under coercion, misrepresentation and mistake He, therefore, argues that the matter may be re-opened and appropriate relief may be granted to his client. It may be noted that though the complainant has averred that he has received Rs.3 lakhs against the policies he has not averred anywhere in the complaint that the same was received by way of full and final settlement and that the settlement was arrived at by coercion, misrepresentation and mistake.

(3.) It may be remembered that we. have a jurisdiction in respect of the grievances regarding the services which are rendered by the Insurance Company. The Insurance Company has offered the amount which has been accepted by the other side as full and final settlement. We cannot say that there is any deficiency in services. If the complainant has a case, in that case, the complainant shall have to challenge the full and final settlement receipt which is admittedly signed by him. Such challenge would not come within the purview of consumer dispute. The complainant in that case shall have to approach the Civil Court for declaring the receipt to be voidable or void.