IMPORTANT POINT
No further compensation is payable after full and final settlement of claim between parties.

J. M. Malik, Presiding Member—Learned counsel for the parties present. Arguments heard. Mr. Rishi Jain, learned Advocate is present for the respondent. He wants to file Vakalatnama. He is directed to file memo of appearance immediately. Filing of Vakalatnama will entail more time when the case is pending for the last 5 years. He is directed to file Vakalatnama afterwards within 10 days.

2. In July, 2005, the complainant, M/s Mehta Pharmaceutical Industries imported two consignments of Erythromycin Thiocyanate from New York, USA and China. The consignments were worth Rs.1,78,81,887.95. The said consignments were kept in the Maharashtra State Warehousing Corporation. Unfortunately, the fire broke out in the warehousing and the goods pertaining to the complainant were reduced to ashes. A claim was made by the complainant. This is an admitted fact that the complainant was paid Rs.31,77,864/- on 9.9.2007 and Rs.62,84,268/- on 30.8.2008.

3. The State Commission dismissed the complaint on the ground that the matter was fully and finally settled between the parties and no further amount was payable to the complainant. Aggrieved by that order, this first appeal has been filed before us.

4. Learned counsel for the appellant vehemently argues that due to financial constraints, the complainant agreed to sign the voucher. Learned counsel for the appellant has invited our attention towards paras 9 and 10 of the State Commission’s order, which run as under:

“(9) In our view, the plea advanced by the Complainant firm that those two documents were executed under coercion or under duress is not sustainable in law for the simple reason that Complainant nowhere mentioned in the complaint as to who were on behalf of Complainant firm forced or put under duress by the Officials of Warehousing Corporation to execute those two documents, namely stamped receipt and letter of undertaking.

(10) We have thoroughly gone through the complaint. In the complaint in paragraph 16, Complainant simply stated that they were forced to sign stamped receipt and submit letter of undertaking in full and final settlement subject to further decision of the Government or Government Insurance Fund. It was executed as a precondition of releasing their cheque of Rs.62,84,268/-. However, what is pertinent to note is that in this pleading in paragraph 16 the Complainant nowhere mentioned that its particular officer “namely officer so and so was put to undue pressure or under duress to procure signature on behalf Company on stamped receipt and letter of undertaking for receiving cheque on 30th August, 2008. Simply mentioning that Complainant was forced to execute those two documents is not sufficient when as against the advance payment having been made by the Opponent in full and final settlement of the claim, Complainant is filing consumer complaint further for recovery of rest of the amount for its claim. The Complainant firm is required to give reliable evidence to establish that the particular officer of the Complainant firm was put under duress or under coercion and Opponent Corporation forced him to execute stamped receipt and letter of undertaking as was given by the Complainant firm for getting amount of Rs.62,84,268/-. What is pertinent to note is the fact that these two letters are not only signed by partner of Complainant firm but it is also signed by M.T. Company Clearing & Forwarding Pvt. Ltd., the Director – Sanjay Kanakia. Two persons cannot be put simultaneously under the coercion or under duress to force them to execute letter of undertaking and stamped receipt which are appended on page 88 and 89 of Complainant compilation. What is pertinent to note is that these documents were executed at Vashi, Navi Mumai and not in the office of Maharashtra State Warehousing Corporation or in the office of Government Insurance Fund of the Government of Maharashtra, nor it is in the office of Complainant’s firm. In view of this matter, in the absence of evidence