SHAMSHER SINGH Vs. NATIONAL INSURANCE COMPANY LIMITED & ANR

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order dated 6.8.2002 passed by the District Consumer Disputes Redressal Forum, Jind whereby the complaint filed by the appellant -complainant, against the respondent -opposite parties has been dismissed.

(2.) THE facts as set out in the complaint briefly stated are that the complainant is proprietor of M/s. Rama Krishna Watch Co. located in Anaj Mandi, Jind. He has been dealing in sale and purchase of watches. He got insured all the stocks of all kinds of watches and accessoires and other allied goods of the trade amounting to Rs. 6,50,000, furniture and fixtures Rs. 50,000 , glow sign boards for Rs. 10,000 and thus the total sum insured was Rs. 7,10,000 for a period from 6.3.1998 to 5.3.1999. He paid premium of Rs. 3,566 to the opposite parties. He had also availed cash credit limit of Rs. 5 lacs from State Bank of Patiala, Jind. He used to submit inventory of the stock to the bank fortnightly and also used to send Sale -Tax Return in form ST -9 quarterly. On the intervening night of 19/20.10.1998, fire took place at his shop as a result of which the entire articles kept in the shop burnt to ashes. A Rapat No. 34 dated 20.10.1998 was registered with the Police Station concerned. He suffered total loss of the value of Rs. 6,97,978. Necessary intimation was given to the opposite parties. A preliminary survey was got conducted by the opposite parties from the Surveyor. The opposite parties informed the complainant that as per the report of final Surveyor he was entitled to receive the loss amount of Rs. 3,37,000, which could be released to him on the basis of settlement, to which the complainant was not willing. The opposite parties informed him that in case the discharge voucher was not signed by him, the amount would not be paid to him. Thus, under the coercion circumstances he signed the discharge voucher because he was facing financial constraint. The said amount was paid to him leaving the balance amount of Rs. 4,36,268. The above stated amount was credited to the cash credit of the complainant with the State Bank of India. The opposite parties failed to pay the balance amount. Forced by these circumstances, the complainant invoked the jurisdiction of the District Forum seeking directions against the opposite parties to pay the actual loss amount of Rs. 3,73,000 and Rs. 1,00,000 on account of mental agony and harassment caused to him. In addition he claimed interest on the said amount till the date of realisation.

(3.) THE complaint was contested by the opposite parties. In the written statement filed it was pleaded that as the complainant had accepted the amount of Rs. 3,37,000 in full and final settlement of his claim, he was stopped from filing the present complaint. Additionally, it was stated that the Surveyor who was appointed to settle the damage had assessed the actual loss in the said fire to the tune of Rs. 3,37,000 and the settlement was made after an application was submitted by the complainant to the opposite parties for the reimbursement of the above stated amount to him. Accordingly, it was prayed that the complaint merited dismissal. On the basis of the above pleadings of the parties and evidence adduced on record the District Forum found no substance in the stand of the complainant and dismissed the same. Dissatisfied with the said order the present appeal has been filed by the appellant -complainant.