Raj Kumar vs United India Insurance Co. Ltd. on 6 July, 2011
Once the complainant has received the amount of Rs.1,24,151/-, without
any protest in full and final settlement of his claim, now 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.