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We find force in the arguments raised on behalf of the
appellants. The perusal of the report of the surveyor reflects that the total
loss was assessed for Rs.53,000/- and the complainant
was paid the settled claim as per the terms and conditions of the Insurance
Policy. By now it is well settled law that surveyors report is an important
document unless and until it is proved contrary by leading any cogent and
convincing evidence. In the instant
case, the complainant has not produced any evidence which could falsify
surveyors report. The documents produced by the complainant are not
believable. No liability can be fastened upon State Bank of Patiala because the goods on the date of fire
were pledged. In such like cases it has been seen that the claimants claim
exaggerated amount by submitting procured documents in their favour but such a practice of the false claimants cannot be
allowed to sustain. As complainants
claim was settled and the amount was paid to him which was received by the
complainant without protest, therefore, it does not lie to his mouth that his
signature were obtained by the surveyor on blank papers. Complainant is an
educated person and is running business by setting up an industry and such a
false plea taken by him is not genuine. Complainant has failed to establish
that his signature were obtained by fraud and
misrepresentation. Honble National Consumer
Commission in case RAJ KUMAR versus
UNITED India INSURANCE CO. LTD., III(2011) CPJ 354
(NC), has held that after
receiving the insurance claim in full and final settlement by signing Discharge
Voucher, the claimant cannot reopen his claim unless and until it is proved
that discharge voucher was obtained by the Insurance Company by undue
influence, threat or misrepresentation. District Consumer Forum has failed to
appreciate the above stated facts. Hence, the impugned order cannot be allowed
to sustain.