ORDER NO. 5 DT. 24.3.11

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Revisionist through Mr. Swarajit Dey and OP through Mr. Sadhan Kr. Saha, Ld. Advocates, are present.  Heard both sides in full.  Judgement/order is passed as under :-

This Revisional Application is directed against the orders dt. 30.4.10 and 26.5.10 passed by the Murshidabad District Consumer Forum in Execution Case No. EX 27/2005 arising out of Complaint Case No. 64/2003.  It is not in dispute that the complaint case was disposed of by this State Commission by directing the insurer to pay a sum of Rs. 3,20,000/- to the complainant within a period of 30 days from the date of communication of the order of the State Commission failing which interest would accrue on the aforesaid amount @ 9% per annum.  The State Commission passed the said order on 27.9.07 upon disposal of the Appeal that was preferred by the insurer against the judgement and order passed in the aforesaid complaint case.  The Appellant/Insurance Co. applied for the certified copy of the same on 1.10.07 and obtained the same on 7.11.07.  The payment was accordingly made of the aforesaid awarded amount by a cheque dt. 29.11.07 to the complainant.

In this state of affairs the Executing Forum has held that the insurer was liable to pay interest @ 9% per annum from the date of accident, i.e. 2.12.2000, till the date of actual payment on the aforesaid awarded amount as the same was not paid within a period of 30 days from the date of making of the said order.

Upon consideration of the ordering portion dt. 27.9.07 as passed by the State Commission we are of the view that the Executing Court has acted illegally and with material irregularity by holding that the awarded amount was payable within 30 days from the date of making of the order.  The State Commission clearly and specifically directed that the awarded amount would be paid within 30 days from the date of communication of the order.  The Insurance Co. is a corporate organization and accordingly it cannot act on the basis of any verbal communication made by any one in this regard.  Evidently the certified copy of the impugned order was obtained on 7.11.07 and the amount having been paid by a cheque dt. 20.11.07 it cannot be said that the insurer in compliance with the aforesaid order of the State Commission failed to observe the time limit as provided by it.  We are, therefore, of the view that the direction for payment of interest @ 9% per annum from the date of accident till the date of actual payment as made by the Executing Forum was in excess of his jurisdiction.  Furthermore, it is not in dispute that pursuant to the aforesaid cheque dt. 20.11.07 the complainant has received the amount as awarded by the State Commission.  In these facts and circumstances and for the reasons as aforesaid the impugned orders are set aside.  The Execution Case in view of the aforesaid payment made by the insurer to the complainant shall stand disposed of upon full and final satisfaction of the award as made by the State Commission.  The order for warrant of arrest of the JDr, if any, made by the Executing Forum shall accordingly stand recalled.  The Revisional Application is thus allowed.