A.J. COELHO vs Canara Bank

WRITTEN statement of Respondents filed. Complainant and his Counsel absent. Heard the Counsel for the Respondents and perused the records.

THE Complainant was the owner of mechanised sailing vessel MSV "Badan Khan" and it was insured by Respondent No. 1 with Respondent No. 2 under Marine Hull Policy No. 70803/97/1/0027/88 dated 9-3-1988 for a period from 13-3-1988 to 12-6-1988 and it was further extended from time to time upto 12-3-89 for Rs. 5,80,000/- . Respondent No. 1 had given loan to the Complainant for purchase of that vessel. THE said vessel was lost as it sunk in sea on 122-1989. THE Complainant filed a claim with Respondent No. 2 on 11-11-1989. It was settled and a sum of Rs.5,80,000/- was credited to the first Respondent Bank on 22-6-1990. THE Complainant executed a receipt for the said sum. According to the Complainant, the discharge voucher/receipt was taken from him by Respondent No. 2 under threat, duress, coercion and under influence and it is to binding on him. Due to the deficiency is service of both, he suffered loss. Hence, he has filed this complaint for recovering the same with interest and costs. The Respondents have resisted the complaint by contending inter-alia that as the claim has been settled by the insurer within a reasonable time, there has been no deficiency in service on their part; that unless the complainant''s receipt executed by him is set aside by a competent Civil Court, he cannot maintain this complaint.

The Complainant has himself stated in para 13 of the complaint that the discharge vouchers/receipts taken from him by Opponent No. 2 were under threat, duress, coercion and under influence. Thus, it is clear that the Insurance Company has settled the claim and obtained receipt from the complainant Hence, it cannot be said that mere has been any; deficiency in service on its part. Unless the Complainant gets the discharge voucher or receipt executed by him set aside by a competent Civil Court by establishing the fact that he executed them under duress, coercion and under influence, he cannot file this complaint

UNDER the circumstances, the remedy to the complainant is to file a suit in a competent Civil Court, in view of the decision of the National Commission in Jogendra Narayana Prasad v. The Divisional Manager, Oriental Life Insurance Co. Ltd. and Another, reported in I (1991) CPJ at page 236 (NC). In the result, the complaint is dismissed. UNDER the circumstances, we direct the parties to bear their own costs. Complaint dismissed.