w w w . L a w y e r S e r v i c e s . i n



M/s. Pankaj Trading Company Proprietor Mr. Manoj Jain & Others v/s National Insurance Company Ltd. Rajnandgaon Chhattisgarh


Company & Directors' Information:- NATIONAL INSURANCE COMPANY LIMITED [Active] CIN = U10200WB1906GOI001713

Company & Directors' Information:- T AND D TRADING PRIVATE LIMITED [Active] CIN = U51909MH2003PTC142712

Company & Directors' Information:- I. B. TRADING PRIVATE LIMITED [Active] CIN = U70102MH2007PTC167894

Company & Directors' Information:- G W TRADING PRIVATE LIMITED [Active] CIN = U51900MP2013PTC031025

Company & Directors' Information:- G-TRADING INDIA PRIVATE LIMITED [Active] CIN = U52100DL2008PTC228572

Company & Directors' Information:- MANOJ AND COMPANY TRADING PRIVATE LIMITED [Active] CIN = U51909MH2006PTC166147

Company & Directors' Information:- A. N. TRADING PRIVATE LIMITED [Active] CIN = U51900DL2019PTC359069

Company & Directors' Information:- L G H TRADING PRIVATE LIMITED [Active] CIN = U52100MH2009PTC196493

Company & Directors' Information:- G K TRADING PVT LTD [Active] CIN = U51109WB1990PTC048559

Company & Directors' Information:- S P R TRADING PRIVATE LIMITED [Converted to LLP] CIN = U18109DL1995PTC071372

Company & Directors' Information:- S N R TRADING COMPANY PVT. LTD. [Active] CIN = U51909WB1986PTC041568

Company & Directors' Information:- L. S. G. TRADING PRIVATE LIMITED [Strike Off] CIN = U51900MH1994PTC079829

Company & Directors' Information:- H C TRADING PRIVATE LIMITED [Active] CIN = U51909WB1997PTC085250

Company & Directors' Information:- H T C TRADING PVT. LTD. [Active] CIN = U51433WB1990PTC049243

Company & Directors' Information:- P P S TRADING COMPANY PRIVATE LIMITED [Amalgamated] CIN = U29120GJ1997PTC032617

Company & Directors' Information:- IN TRADING PRIVATE LIMITED [Active] CIN = U51399DL2003PTC119199

Company & Directors' Information:- D M TRADING PVT LTD [Active] CIN = U51909WB1986PTC040744

Company & Directors' Information:- B H TRADING PRIVATE LIMITED [Active] CIN = U51909MH2005PTC151768

Company & Directors' Information:- M T TRADING COMPANY PVT LTD [Amalgamated] CIN = U52110WB1991PTC051822

Company & Directors' Information:- J K TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51432AS2001PTC006676

Company & Directors' Information:- H F TRADING PRIVATE LIMITED [Active] CIN = U51101MP2013PTC031441

Company & Directors' Information:- K L TRADING COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035081

Company & Directors' Information:- K T TRADING COMPANY PRIVATE LIMITED [Active] CIN = U29265MH1954PTC009417

Company & Directors' Information:- PANKAJ INDIA PRIVATE LIMITED [Active] CIN = U18101DL1996PTC081277

Company & Directors' Information:- T S P M TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U15400TN2009PTC070424

Company & Directors' Information:- L M TRADING COMPANY PVT LTD [Active] CIN = U24232WB1986PTC040212

Company & Directors' Information:- N E TRADING COMPANY LIMITED [Active] CIN = U51909ML2000PLC006095

Company & Directors' Information:- W W TRADING PRIVATE LIMITED [Active] CIN = U51909MH2003PTC140832

Company & Directors' Information:- J S TRADING COMPANY PVT LTD [Active] CIN = U51909WB1992PTC057003

Company & Directors' Information:- S B H TRADING COMPANY PRIVATE LIMITED [Active] CIN = U52339KA2008PTC045790

Company & Directors' Information:- MR INDIA PRIVATE LIMITED [Active] CIN = U15122TG2011PTC076407

Company & Directors' Information:- B A JAIN & CO. PRIVATE LIMITED [Active] CIN = U21014WB1997PTC083658

Company & Directors' Information:- M L TRADING COMPANY PVT LTD [Strike Off] CIN = U52110WB1988PTC044086

Company & Directors' Information:- S B J TRADING (INDIA) PRIVATE LIMITED [Active] CIN = U51900MH2005PTC158498

Company & Directors' Information:- PANKAJ PRIVATE LIMITED [Active] CIN = U29130RJ1985PTC003463

Company & Directors' Information:- M N TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51505MH2004PTC146652

Company & Directors' Information:- J C R TRADING PVT LTD [Active] CIN = U51909KL1990PTC005614

Company & Directors' Information:- S D R TRADING PRIVATE LIMITED [Active] CIN = U51109DL2009PTC188954

Company & Directors' Information:- G L TRADING CO. PRIVATE LIMITED [Active] CIN = U51219WB1998PTC086558

Company & Directors' Information:- L J TRADING PRIVATE LIMITED [Active] CIN = U51909UP2007PTC045996

Company & Directors' Information:- C AND D TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51900MH1981PTC025335

Company & Directors' Information:- Y V TRADING PRIVATE LIMITED [Strike Off] CIN = U29113MH2006PTC159994

Company & Directors' Information:- N S JAIN AND COMPANY PRIVATE LIMITED [Active] CIN = U31909MH1997PTC112719

Company & Directors' Information:- R U TRADING PRIVATE LIMITED [Active] CIN = U52390WB2009PTC136748

Company & Directors' Information:- P AND CO TRADING INDIA PRIVATE LIMITED [Strike Off] CIN = U18101KL1999PTC013423

Company & Directors' Information:- P A T TRADING PRIVATE LIMITED [Active] CIN = U52190WB2009PTC137537

Company & Directors' Information:- R N K TRADING CO. PRIVATE LIMITED [Active] CIN = U45202PB2006PTC029721

Company & Directors' Information:- D. N. TRADING PRIVATE LIMITED [Strike Off] CIN = U52390WB2009PTC138180

Company & Directors' Information:- JAIN TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999CH1998PTC021801

Company & Directors' Information:- U AND I TRADING PRIVATE LIMITED [Strike Off] CIN = U52399DL1989PTC035654

Company & Directors' Information:- J V TRADING PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC132481

Company & Directors' Information:- K R L TRADING PRIVATE LIMITED [Active] CIN = U51109WB2008PTC128889

Company & Directors' Information:- K P TRADING & COMPANY PRIVATE LIMITED [Active] CIN = U51503AN2012PTC000169

Company & Directors' Information:- V K JAIN AND CO PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055478

Company & Directors' Information:- V. S. L. TRADING PRIVATE LIMITED [Active] CIN = U51909WB2009PTC139374

Company & Directors' Information:- A J TRADING PVT LTD [Active] CIN = U51491WB1988PTC045107

Company & Directors' Information:- C R TRADING CO LTD [Under Process of Striking Off] CIN = U65993WB1980PLC032526

Company & Directors' Information:- S V S TRADING INDIA PRIVATE LIMITED [Strike Off] CIN = U15549TN2001PTC047343

Company & Directors' Information:- A AND P TRADING COMPANY PVT LTD [Strike Off] CIN = U52100KL1990PTC005630

Company & Directors' Information:- H. V. JAIN & CO PRIVATE LIMITED. [Active] CIN = U74140MH2009PTC189774

Company & Directors' Information:- A K TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51392CH1995PTC016355

Company & Directors' Information:- R K AND F TRADING PRIVATE LIMITED [Active] CIN = U74999WB2020PTC239455

Company & Directors' Information:- S B TRADING PVT LTD [Under Liquidation] CIN = U10200WB1985PTC038857

Company & Directors' Information:- T S TRADING PRIVATE LIMITED [Active] CIN = U28910DL2001PTC109621

Company & Directors' Information:- T J F TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U52190KL2010PTC025848

Company & Directors' Information:- R N S TRADING PRIVATE LIMITED [Active] CIN = U52300MH2009PTC194233

Company & Directors' Information:- A. C. TRADING PRIVATE LIMITED [Converted to LLP] CIN = U51909WB2011PTC163103

Company & Directors' Information:- V S M TRADING PRIVATE LIMITED [Active] CIN = U51909DL2005PTC133777

Company & Directors' Information:- S K JAIN TRADING PRIVATE LIMITED [Active] CIN = U74899DL1986PTC023035

Company & Directors' Information:- L. R. A. TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U51109DL2010PTC202451

Company & Directors' Information:- L. B. L. TRADING PRIVATE LIMITED [Strike Off] CIN = U74140DL2010PTC202203

Company & Directors' Information:- R. C JAIN TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909WB1999PTC090437

Company & Directors' Information:- S H A M TRADING PRIVATE LIMITED [Strike Off] CIN = U51420MH2001PTC131774

Company & Directors' Information:- F B TRADING PVT LTD [Active] CIN = U65921WB1988PTC045315

Company & Directors' Information:- K. R. B. TRADING PRIVATE LIMITED [Active] CIN = U51101UP2010PTC040779

Company & Directors' Information:- M Y TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U16008UP1997PTC022161

Company & Directors' Information:- C M TRADING CO PVT LTD [Amalgamated] CIN = U51909WB1982PTC034578

Company & Directors' Information:- L N TRADING CO PVT LTD [Active] CIN = U29303WB1954PTC021587

Company & Directors' Information:- S M S R TRADING PRIVATE LIMITED [Strike Off] CIN = U51909WB2015PTC206593

Company & Directors' Information:- R N D TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51109DL2001PTC111762

Company & Directors' Information:- B N S TRADING PRIVATE LIMITED [Strike Off] CIN = U20299KA2006PTC039202

Company & Directors' Information:- K J TRADING CO PVT LTD [Strike Off] CIN = U52341KL1974PTC002616

Company & Directors' Information:- A D TRADING PRIVATE LIMITED [Active] CIN = U51909DL2002PTC114529

Company & Directors' Information:- U S TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U65993MH2000PTC129562

Company & Directors' Information:- T. B. TRADING LIMITED [Converted to LLP] CIN = U51909WB2017PLC220095

Company & Directors' Information:- F D M TRADING INDIA PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059248

Company & Directors' Information:- N R TRADING CO PVT LTD [Active] CIN = U51909WB1985PTC039045

Company & Directors' Information:- G S B TRADING PRIVATE LIMITED [Strike Off] CIN = U52110TG1979PTC002524

Company & Directors' Information:- C N TRADING PRIVATE LIMITED [Active] CIN = U91200UP1998PTC023690

Company & Directors' Information:- C P M TRADING COMPANY PVT LTD [Active] CIN = U51909KL1992PTC006517

Company & Directors' Information:- S R TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1996PTC082994

Company & Directors' Information:- THE INDIA TRADING CORPORATION PVT LTD [Strike Off] CIN = U51900WB1930PTC018891

Company & Directors' Information:- P N C TRADING CO PVT LTD [Active] CIN = U74999WB1961PTC025286

Company & Directors' Information:- G T E TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U52203CH1996PTC018873

Company & Directors' Information:- A. L. A TRADING PRIVATE LIMITED [Active] CIN = U51909WB2010PTC145269

Company & Directors' Information:- P J M TRADING (INDIA) PRIVATE LIMITED [Active] CIN = U51900MH2005PTC158475

Company & Directors' Information:- K P TRADING CO PVT LTD [Active] CIN = U51909WB1980PTC032804

Company & Directors' Information:- M V TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51229CH1995PTC016293

Company & Directors' Information:- J P TRADING PVT LTD [Strike Off] CIN = U74899DL1978PTC008976

Company & Directors' Information:- NATIONAL TRADING CORPN LTD [Strike Off] CIN = U51909PB1948PLC001433

Company & Directors' Information:- U AND I TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51109DL1982PTC013848

Company & Directors' Information:- D S TRADING PRIVATE LIMITED [Strike Off] CIN = U74950MH1997PTC106883

Company & Directors' Information:- A N M TRADING PRIVATE LIMITED [Active] CIN = U36999MH2000PTC124380

Company & Directors' Information:- M.R. AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U74300DL1985PTC020952

Company & Directors' Information:- M.R. TRADING PRIVATE LIMITED [Strike Off] CIN = U51101RJ1987PTC004014

Company & Directors' Information:- R. K. B. L. TRADING CO. PRIVATE LIMITED [Strike Off] CIN = U51498UP2008PTC035444

Company & Directors' Information:- NATIONAL TRADING COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1922PTC000087

Company & Directors' Information:- P S F TRADING PRIVATE LIMITED [Active] CIN = U70100MH2001PTC132895

Company & Directors' Information:- H G TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC142359

Company & Directors' Information:- V U TRADING PRIVATE LIMITED [Converted to LLP] CIN = U51909MH2005PTC154698

Company & Directors' Information:- JAIN AND CO PVT LTD [Strike Off] CIN = U65921UP1925PTC000288

Company & Directors' Information:- F. N. TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U52520TG1997PTC026240

Company & Directors' Information:- T C E TRADING PRIVATE LIMITED [Strike Off] CIN = U51909MN2014PTC008375

Company & Directors' Information:- C M S TRADING PRIVATE LIMITED [Strike Off] CIN = U52100TN2010PTC075065

Company & Directors' Information:- E W TRADING PRIVATE LIMITED [Strike Off] CIN = U51900TN2009PTC072688

Company & Directors' Information:- A L R TRADING PRIVATE LIMITED [Active] CIN = U52100MH2011PTC217069

Company & Directors' Information:- A. M. M. TRADING PRIVATE LIMITED [Active] CIN = U52190MH2009PTC192160

Company & Directors' Information:- O & B TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U52399MH2009PTC191669

Company & Directors' Information:- S D D TRADING PRIVATE LIMITED [Active] CIN = U51101MH2011PTC216846

Company & Directors' Information:- M & N TRADING PRIVATE LIMITED [Strike Off] CIN = U51101MH2012PTC226366

Company & Directors' Information:- C 3 TRADING PRIVATE LIMITED [Strike Off] CIN = U51101MH2013PTC239343

Company & Directors' Information:- H. R. TRADING CO PRIVATE LIMITED [Strike Off] CIN = U51900MH2008PTC187303

Company & Directors' Information:- I S K TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51102MH2005PTC156676

Company & Directors' Information:- R T TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51909MH2004PTC144712

Company & Directors' Information:- A F TRADING PRIVATE LIMITED [Active] CIN = U51909MH2004PTC145877

Company & Directors' Information:- B A TRADING COMPANY PVT LIMITED [Strike Off] CIN = U51909MH2005PTC157017

Company & Directors' Information:- M G S H TRADING PRIVATE LIMITED [Strike Off] CIN = U51909MH2010PTC202602

Company & Directors' Information:- V V G TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51101UP2013PTC055642

Company & Directors' Information:- F & S TRADING PRIVATE LIMITED [Active] CIN = U51101UP2016PTC076033

Company & Directors' Information:- S P P TRADING PRIVATE LIMITED [Strike Off] CIN = U72900TN2011PTC081006

Company & Directors' Information:- C J TRADING PRIVATE LIMITED [Active] CIN = U74999UP2011PTC047020

Company & Directors' Information:- P D TRADING COMPANY PVT LTD [Active] CIN = U51101WB1988PTC045612

Company & Directors' Information:- L D TRADING (INDIA) PVT LTD [Active] CIN = U51909WB1977PTC031291

Company & Directors' Information:- MANOJ PRIVATE LIMITED [Strike Off] CIN = U74899DL1980PTC010292

Company & Directors' Information:- N V TRADING COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1989PTC038507

Company & Directors' Information:- A V N TRADING PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055186

Company & Directors' Information:- PANKAJ TRADING COMPANY PRIVATE LIMITED [Active] CIN = U74140DL2012PTC245248

Company & Directors' Information:- A T TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51909DL2003PTC120282

Company & Directors' Information:- R S O TRADING COMPANY PVT LTD [Strike Off] CIN = U51909DL2001PTC111180

Company & Directors' Information:- S K K TRADING PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC129251

Company & Directors' Information:- D H TRADING PRIVATE LIMITED [Strike Off] CIN = U51909DL2009PTC193683

Company & Directors' Information:- N B TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51909DL2010PTC206948

Company & Directors' Information:- M.R. CORPORATION PRIVATE LIMITED [Strike Off] CIN = U15400DL2013PTC259339

Company & Directors' Information:- V P TRADING PRIVATE LIMITED [Strike Off] CIN = U51311DL1998PTC096692

Company & Directors' Information:- V. K. S. TRADING PRIVATE LIMITED [Active] CIN = U51391DL2013PTC253989

Company & Directors' Information:- R. H. M. TRADING PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC189283

Company & Directors' Information:- T K TRADING PRIVATE LIMITED [Strike Off] CIN = U52300DL2011PTC224440

Company & Directors' Information:- N & Y TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U52590DL2015PTC280124

Company & Directors' Information:- N A TRADING PRIVATE LIMITED [Strike Off] CIN = U85100DL2011PTC218986

Company & Directors' Information:- P & R TRADING PRIVATE LIMITED [Strike Off] CIN = U51909BR2013PTC019940

Company & Directors' Information:- A AND M TRADING CO PVT LTD [Strike Off] CIN = U27109AP1988PTC008440

Company & Directors' Information:- B B TRADING PRIVATE LIMITED [Strike Off] CIN = U74900HR2014PTC051539

Company & Directors' Information:- R K P TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51109GJ2011PTC067760

Company & Directors' Information:- TRADING CORPN PVT LTD [Active] CIN = U67120KL1942PTC001187

Company & Directors' Information:- MANOJ TRADING CO PVT LTD [Strike Off] CIN = U15314WB1965PTC026317

Company & Directors' Information:- G O N TRADING PVT. LTD. [Strike Off] CIN = U51909GJ1986PTC008700

Company & Directors' Information:- B C P TRADING COMPANY INDIA PRIVATE LIMITED [Strike Off] CIN = U51109AS1996PTC004917

Company & Directors' Information:- T S V TRADING PRIVATE LIMITED [Strike Off] CIN = U01130DL1997PTC087349

Company & Directors' Information:- I. D. TRADING PRIVATE LIMITED [Strike Off] CIN = U52100MH2007PTC172346

Company & Directors' Information:- K. M. K. TRADING CO. PRIVATE LIMITED [Strike Off] CIN = U52100MH2007PTC173912

Company & Directors' Information:- J D TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51900MH1965PTC013396

Company & Directors' Information:- E G TRADING PRIVATE LIMITED [Strike Off] CIN = U52520TG2006PTC049739

Company & Directors' Information:- C S TRADING CO PVT LTD [Strike Off] CIN = U51311WB1956PTC023150

    Revision Petition Nos. 2771 to 2774 of 2017

    Decided On, 19 February 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Petitioners: R.K. Bhawnani, Mohd. Anis-Ur-Rehmani, Advocates. For the Respondent: Kishore Rawat, L.K. Tyagi, Advocates.



Judgment Text


Oral:

The complainants/petitioners who are traders in Tendu Leaves, had taken two insurance policies each from the respondent National Insurance Company Ltd. A fire allegedly broke out in the godown of the complainants/petitioners where Tendu leaves were stored by them. On the intimation of the loss having been given to the insurer, a surveyor was appointed to assess the loss to the complainants. Out of the two policies taken by each of the complainants, one policy was taken by them to secure the interest of the Forest Department, whereas the second policy was taken through the bank from which credit facility had been obtained by the complainants against hypothecation of Tendu leaves stock.

2. In the Consumer Complaint subject matter of RP No.2771 of 2017, the insurer made an initial payment of Rs.6,99,326/- followed by payment of Rs.4,85,579/- against policy number 3100089/2002. Both the aforesaid payments were made directly to Forest Department. Against policy number 320902/3100183/2002, the insurer made an initial payment of Rs.15,67,269/- followed by payment of Rs.24,21,898/-. The complainant/petitioner executed Discharge Vouchers in favour of the insurer while receiving the second payment in full and final settlement of its claim. It was specifically recorded in the Discharge Vouchers that the payment of Rs.4,85,579/- against policy number 3100089/2002 and payment of Rs.24,21,898/- against policy number 320902/3100183/2002 was received by the insured in full and final settlement of its claim. The amount against policy number 320902/3100183/2002 was paid to the banker of the complainant/petitioner for the benefit of the complainant/petitioner.

After receiving the aforesaid payment, the complainant sent a letter dated 22.05.2003 to the insurer acknowledging the payment but claiming that since they had suffered a very heavy loss and did not wish any unpleasantness, they had reluctantly agreed to the assessment made by the surveyor. It would be pertinent to note here that the payment to the complainant/petitioner was made in terms of the assessment made by the surveyor, as revised by him by way of an addendum. After receiving the payment as noted hereinabove and sending the letter dated 22.05.2003 to the insurer, the complainant approached the concerned District Forum by way of a Consumer Complaint claiming the balance amount which according to it, was payable to it by the insurer.

3. In the Consumer Complaint subject matter of RP No.2772 of 2017, the insurer had made initial payment of Rs.2,76,899/- followed by payment of Rs.2,32,408/- against policy number 3100087/2002. Both the aforesaid payments were made directly to Forest Department. Against policy number 3100178/2002, the insurer made an initial payment of Rs.7,95,801/- followed by payment of Rs.11,47,139/-. The complainant/petitioner executed Discharge Vouchers in favour of the insurer while receiving the second payment in full and final settlement of its claim. It was specifically recorded in the Discharge Vouchers that the payment of Rs.2,32,408/- against policy number 3100087/2002 and payment of Rs.11,47,139/- against policy number 3100178/2002 was received by the insured in full and final settlement of its claim. The amount against policy number 3100178/2002 was paid to the banker of the complainant/petitioner for the benefit of the complainant/petitioner.

After receiving the aforesaid payment, the complainant sent a letter dated 22.05.2003 to the insurer acknowledging the payment but claiming that since they had suffered a very heavy loss and did not wish any unpleasantness, they had reluctantly agreed to the assessment made by the surveyor. It would be pertinent to note here that the payment to the complainant/petitioner was made in terms of the assessment made by the surveyor as revised by him by way of an addendum. After receiving the payment as noted hereinabove and sending an identical letter dated 22.05.2003 to the insurer, the complainant approached the concerned District Forum by way of a Consumer Complaint claiming the balance amount which according to it, was payable to it by the insurer.

4. In the Consumer Complaint subject matter of RP No.2773 of 2017, the insurer made initial payment of Rs.1,59,628/- followed by payment of Rs.4,86,184/- against policy number 320902/2002/3100088. Both the aforesaid payments were made directly to Forest Department. Against the second policy, the insurer made an initial payment of Rs.7,33,027/- followed by payment of Rs.11,42,563/-. The complainant/petitioner executed Discharge Vouchers in favour of the insurer while receiving the second payment in full and final settlement of its claim. It was specifically recorded in the Discharge Vouchers that the payment of Rs.4,86,184/- against policy number 320902/2002/3100088 and the payment of Rs.11,42,563/- was received by the insured in full and final settlement of its claim. The amount against the second policy was paid to the banker of the complainant/petitioner for the benefit of the complainant/petitioner.

After receiving the aforesaid payment, the complainant sent a letter dated 22.05.2003 to the insurer acknowledging the payment but claiming that since they had suffered a very heavy loss and did not wish any unpleasantness, they had reluctantly agreed to the assessment made by the surveyor. It would be pertinent to note here that the payment to the complainant/petitioner was made in terms of the assessment made by the surveyor as revised by him by way of an addendum. After receiving the payment as noted hereinabove and sending an identical letter dated 22.05.2003 to the insurer, the complainant approached the concerned District Forum by way of a Consumer Complaint claiming the balance amount which according to it, was payable to it by the insurer.

5. In the Consumer Complaint subject matter of RP No.2774 of 2017, the insurer made initial payment of Rs.4,92,750/- followed by payment of Rs.4,00,336/- against policy number 3100181. Both the aforesaid payments were made directly to Forest Department. Against policy number 3100182, the insurer made an initial payment of Rs.11,46,635/- followed by payment of Rs.19,49,921/-. The complainant/petitioner executed Discharge Vouchers in favour of the insurer while receiving the second payment in full and final settlement of its claim. It was specifically recorded in the Discharge Vouchers that the payment of Rs.4,00,336/- against policy number 3100181 and payment of Rs.19,49,921/- against policy number 3100182 was received by the insured in full and final settlement of its claim. The amount against policy number 3100182 was paid to the banker of the complainant/petitioner for the benefit of the complainant/petitioner.

After receiving the aforesaid payment, the complainant sent an identical letter dated 22.05.2003 to the insurer acknowledging the payment but claiming that since they had suffered a very heavy loss and did not wish any unpleasantness, they had reluctantly agreed to the assessment made by the surveyor. It would be pertinent to note here that the payment to the complainant/petitioner was made in terms of the assessment made by the surveyor as revised by him by way of an addendum. After receiving the payment as noted hereinabove and sending the letter dated 22.05.2003 to the insurer, the complainant approached the concerned District Forum by way of a Consumer Complaint claiming the balance amount which according to it, was payable to it by the insurer.

6. It would thus be seen that the complainant in each matter, had executed two separate Discharge Vouchers, one in respect of the payment made to the Forest Department and the other in respect of the payment made to the banker to the complainant. It would also be seen that identical reason was given by all the four complainants for accepting the payment offered by the insurer, the said reason being that the loss of the complainant was heavy and it wanted to avoid unpleasantness. The learned counsel for the petitioner/complainant submits that the complainants are family members and that is the reason identical reasons were applicable to all of them.

7. Initially, when the Consumer Complaints were dismissed by the State Commission, the complainants had approached this Commission by way of Revision Petitions and this Commission, after setting aside the order passed by the State Commission, directed it to decide the matter afresh in the light of the circulars dated 24.09.2015 and 07.06.2016 issued by IRDA.

8. The issue involved in this case came up for consideration of this Commission recently in CC No.285 of 2013 M/s Elastrex Polymers Pvt. Ld. Vs. M/s New India Assurance Co. Ltd., decided on 16.08.2019 and the following view was taken:

(13) The learned counsel for the complainant refers to the Circulars dated 24.09.2015 and 07.06.2016 issued by IRDA which to the extent they are relevant reads as under :

Circular dated 24.09.2015

“The Insurance Companies are using ‘discharge voucher’ or “settlement intimation voucher” or in some other name, so that the claim is closed and does not remain outstanding in their books. However, of late, the Authority has been received complaints from aggrieved policyholders that the said instrument of discharge voucher is being used by the insurers in the judicial fora with the plea that the full and final discharge given by the policyholders extinguish their rights to contest the claim before the Courts.

While the Authority notes that the insurers need to keep their books of accounts in order, it is also necessary to note that insurers shall not use the instrument of discharge voucher as a means of estoppel against the aggrieved policy holders when such policy holder approaches judicial fora.

Accordingly insurers are hereby advised as under :

Where the liability and quantum of claim under a policy is established, the insurers shall not withhold claim amounts. However, it should be clearly understood that execution of such vouchers does not foreclose the rights of policy holder to seek higher compensation before any judicial fora or any other fora established by law.

All insurers are directed to comply with the above instructions.

Circular dated 07.06.2016

1. Wherever there are no disputes by the insured/s claimant/s to the amount offered by the insurer towards settlement of a claim, the present system of obtaining the discharge voucher may be continued.However, the insurers must ensure that the vouchers collected must be dated and complete in all respects while obtaining the signature/s of the insured/s or claimant/s.

2. If the amount offered is disputed by the insured/s or claimant/s, insurers would take steps to pay the amount assessed without waiting for the voucher discharged by the insured/s or claimant/s.

3. Under no circumstances the Discharge vouchers shall be collected under duress, by coercion, by force or compulsion.

Insurers are directed to comply with the above with immediate effect.

(14) It is seen that after issuance of the circular dated 24.09.2015 the insurers represented to IRDA that the said circular was not in the line with the IRDA (protection of policyholders interests) Regulation, 2002 and the provisions of Indian Contract Act. On receipt of representation from the insurers IRDA reviewed the matter in the light of the provisions of Contract Act, P.P.I. Regulation and the judgements of the Hon’ble Supreme Court and issued the directions contained in the Circular dated 07.06.2016.

(15) It would be seen that vide subsequent Circular dated 07.06.2016 IRDA will permitting the continuance of the practice of obtaining discharge voucher it, only instructed the insurers not to obtain such vouchers under duress, by coercion, by force or compulsion. None of these circumstances however have been established in this case. Though IRDA Circular enjoins upon the insurer to pay the amount assessed by it without waiting for the discharge voucher in case the offer made by them is disputed by the insured, in the present there is no evidence of any kind of protest by the insured before sending the discharge voucher to the insurer on the very same day on which it received the same alongwith a forwarding letter. Therefore, it cannot be said that there was a non-compliance of the aforesaid circulars though the contention of the learned counsel is that both the circulars came to be issued by years after the payment was accepted in this case.

(17) The issue involved in this complaint came up for the consideration of the Hon’ble Supreme Court in United India Insurance Vs. Ajmer Singh Cotton & General Mills & Ors. (1999) 6 SCC 400 and the following view was taken :

“4………… The mere execution of the discharge voucher would not always deprive the consumer from preferring claim with respect to the deficiency in service or consequential benefits arising out of the amount paid in default of the service rendered. Despite execution of the discharge voucher, the consumer may be in a position to satisfy the Tribunal or the Commission under the Act that such discharge voucher or receipt had been obtained from him under the circumstances which can be termed as fraudulent or exercise of undue influence or by misrepresentation or the like. If in a given case the consumer satisfies the authority under the Act that the discharge voucher was obtained by fraud, misrepresentation, undue influence or the like, coercive bargaining compelled by circumstances, the authority before whom the complainant is made would be justified in granting appropriate relief. However (sic so), where such discharge voucher is proved to have been obtained under any of the suspicious circumstances noted hereinabove, the Tribunal or the commission would be justified in granting the appropriate relief under the circumstances as noticed earlier. The Consumer Disputes Redressal Forums and Commissions constituted under the Act shall also have the power to fasten liability against the insurance companies notwithstanding the issuance of the discharge voucher.”

This issue also came up for consideration of the Hon’ble Supreme Court in New India Assurance Co. Ltd. Vs. Genus Power Infrastructure Ltd. (2015) 2 SCC 424, and the following view was taken:

“7. The question that arises is whether the discharge in the present case upon acceptance of compensation and signing of subrogation letter was not voluntary and whether the claimant was subjected to compulsion or coercion and as such could validly invoke the jurisdiction under Section 11 of the Act. The law on the point is clear form following decisions of this Court. In National Insurance Co. Ltd. V. Boghara Polyfab (P) Ltd. in paras 26 and 51 it was stated as under (SCC pp. 284-85 and 294)

26. when we refer to a discharge of contract by an agreement signed by both the parties or by execution of a full and final discharge voucher / receipt b one of the parties, we refer to an agreement or discharge voucher which is validly and voluntarily executed. If the party which has executed the discharge agreement or discharge voucher, alleges that the execution of such discharge agreement or voucher was on account of fraud / coercion / undue influence practised by the other party and is able to establish the same, then obviously the discharge of the contract by such agreement / voucher is rendered void and cannot be acted upon.”

8. …………….. A bald plea of fraud, coercion, duress or undue influence is not enough and the party who sets up such a plea must prima facie establish the same by placing material before the Chief Justice / his designate. If the Chief Justice / his designate funds some merit in the allegation of fraud, coercion, duress or undue influence, he may decide the same or leave it to be decided by the Arbitral Tribunal. On the other hand, if such plea is found to be an afterthought, make-believe or lacking in credibility, the matter must be set at the rest then and there.”

9. It is therefore, clear that a bald plea of fraud, coercion, duress or undue influence is not enough and the party who sets up a plea, must prima facie establish the same by placing material before the Chief Justice / his designate.”

10. In our considered view, the plea raised by the respondent is bereft of any details and particulars, and cannot be anything but a bald assertion. Given the fact that there was no protest or demur raised around the time or soon after the letter of subrogation was signed, that the notice dated 31.3.2011 itself was nearly after three weeks and that the financial condition of the respondent was not so precarious that it was left with no alternative but to accept the terms as suggested, we are of the firm view that the discharge in the present case and signing of letter of subrogation were not because of exercise of any undue influence. Such discharge and signing of letter of subrogation was voluntary and free from any coercion or undue influence.”

9. The question which arises for consideration in these petitions is as to whether the Discharge Vouchers were executed by the complainants under any kind of duress, compulsion or coercion etc. As noted earlier, the only reason given by the complainants/petitioners for accepting the payment offered by the insurer and executing the Discharge Vouchers was that their claim was high and they wanted to avoid unpleasantness with the insurer. The aforesaid grounds, in my opinion, do not constitute any kind of duress, compulsion or coercion etc. The quantum of complaint alone would not lead to inference of any duress, compulsion or coercion etc. unless it is pleaded and proved that on account of its financial compulsions, the complainants had no option but to execute the Discharge Vouchers sought by the insurer, they being unwilling to make any payment without execution of the Discharge Vouchers. This was not the case of the complainants in the letter sent by them to the insurer on 22.05.2003 that they were in some kind of financial distress which had compelled them to accept the amount offered by the insurer. Even otherwise, no evidence such as their Balance Sheets and Profit & Loss Account of the relevant period was produced by the complainants to prove that they were in dire need of the finances at the time Discharge Vouchers were executed by them and therefore, they were left with no option except to sign on the dotted lines.

10. The learned counsel for the complainant refers to the decision of this Commission in RP No.2303/2012 National Insurance Company Ltd. Vs. Giriraj Proteins, dated 03.09.2012 where this Commission inter-alia observed as under:

The learned State Commission did not listen to this eye-wash in view of the authorities of this Commission, reported in New India Assurance Co. Ltd. Vs. Kohinoor Sizing Factory, II (2006) CPJ 237 and Smt. Niharika Maurya Vs. Chief Manager, New India Assurance Co. Ltd. & Ors, pronounced on 21.04.2011, wherein this Commission has held that mere execution of discharge voucher and acceptance of insurance claim would not estop the insured from making further claim from the Insurance Company. 15. In Central Water Transport Corporation Ltd. Vs. Tarun Kanti Sengupta, (1986) 3 SCC 156, the Hon’ble Apex court has held that here a man has no choice or rather no meaningful choice but to give consent to contract or sign on the dotted line in prescribe

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d or other forum or to accept set of rules as part of contract, however, unfair, unreasonable and unconscionable, a clause in that contract may be, the courts will not enforce and will when called upon to so, strike down as unfair and unreasonable clause in a contract entered into between the parties who are not equal in bargaining power 16. In Oriental Insurance Co. Ltd. Vs. Government Tool Room and Training Centre, I (2008) CPJ 267 (NC), this Commission has held that t is wrong practice followed by insurance companies in not paying single pie without having discharge voucher. It is a coercive bargaining as insured has no option but to sign the discharge voucher. Mere execution of discharge voucher and acceptance of insurance claim will not estop the insured from making further claim It is well said that purpose of law is to prevent the strong always having their. However, in my opinion, considering the authoritative provisions of the Hon’ble Apex Court in Ajmer Singh Cotton & General Mills (supra) and Genus Power Infrastructure Ltd. (supra), the complainant would be estopped from claiming any further payment from the insurer after executing the Discharge Vouchers accepting the amount offered by the insurer in full and final settlement of the claim unless it is shown that the Discharge Vouchers executed by the complainant were a product of some kind of duress, compulsion or coercion etc. on account of the prevailing financial circumstances of the complainant. Since no such ground has been made out in these matters, there is no escape from the conclusion that the Discharge Vouchers were executed by the complainants of their own free will and without any kind of duress, compulsion or coercion etc. Therefore, having executed the Discharge Vouchers and having accepted the amount offered by the insurer in full and final settlement of their claim, they are estopped from claiming any further amount. This is more so in a case where the payment made by the insurer is based upon the final assessment made by the surveyor which was revised before the payment was accepted. For the reasons stated hereinabove, the Revision Petitions are dismissed.
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