DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Execution Application No.2 of 2018

                                                Date of institution:  08.01.2018                                         Date of decision   :  10.07.2019

Parvinder Kaur wife of Shri Amarjit Singh, resident of House No.1415, Phase 3B2, Mohali.

…….Complainant/DH

Versus

1.     Aviva Life Insurance Company India Limited, Aviva Towers, Sector Road, Opposite Golf Course, DLF, Phase-V, Sector 43, Gurgaon (Haryana).

2.     Aviva Life Insurance Company India Limited, SCO No.101-103, Second Floor, Batra Building, Sector 17-D, Chandigarh.

        Both through their duly constituted Attorney Shri Vivek Yadav.

3.     Amit Komal, Representative of Aviva Life Insurance Company India Limited, SCO No.101-103, Second Floor, Batra Building, Sector 17-D, Chandigarh.

4.     Indusind Bank, SCF No.23-24, Phase 3B2, SAS Nagar, Mohali through is Incharge/Manager.

5.     Amarjit Singh Gujral, the then Manager of Indusind Bank, SCF No.23-24, Phase 3B2, SAS Nagar, Mohali.

                                                ……..JDs/Opposite Parties

Execution Application under Section

27 of Consumer Protection Act, 1986

Quorum:   Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:    Shri Sarabjit Singh, counsel for complainant/DH.

                Shri Inderjit Singh, counsel for OPs/JDs.

Order by :-  Shri G.K. Dhir, President.

Order

                Application was filed by JDs for placing on record calculation sheet. It is claimed that this Forum while deciding the concerned consumer complaint allowed the same with direction to OP No.1 to 3 to jointly and severally refund the balance sum of Rs.60,000/- retained illegally by OPs alongwith interest @ 9% per annum with effect from the dates on which respective amount was paid by complainant. However, OP No.1 to 3 jointly and severally were required to pay a lump sum compensation of Rs.1.00 lakh. It is claimed that JDs have deposited a sum of Rs.2,21,064/- as per calculations given below:

1.     AFC cheque amount = Rs.30,000/- plus interest @ 9% per annum = Rs.15,867/ {from 16.10.2012 (date of AFC cheque) till 31.08.2018} =45867

2.     Second Premium = Rs.30,000/- plus interest @ 9% p.a. = Rs.21,659/- (from 25.08.2010 to 31.08.2018) = Rs. 51,659/-

3.     Third Premium = Rs.30,000/- plus interest @ 9% p.a. = Rs.18,538/- (from 21.10.2011 till 31.08.2018) = Rs.48,538/-.

4.     Compensation imposed – Rs.1,00,000/- minus Rs.25,000/- (statutory deposit that has to be deducted) – Rs.75,000/-.

5.     Total: Rs.2,21,064/-.

                It is claimed that due to oversight an amount of Rs.45,867/-  has been paid in excess to DH and the same be directed to be refunded to JDs.

2.             In reply, it is admitted that amount of Rs.2,21,064/- has been deposited, but said deposited amount is short and invalid. It is claimed that complainant paid Rs.90,000/- as installments of premium, but cheque issued for Rs.30,000/- was never encashed. It is claimed that maturity value on date 14.01.2014 was Rs.1,12,198.29 N.P., whereas maturity value as on date  31.12.2017 was Rs.1,58,626.26 N.P., but same maturity value on date 31.01.2019 was Rs.1,80,265.72 N.P. Amount of compensation to be paid from 14.01.2014 to 31.01.2019 was Rs.1,61,411.24 N.P. Total amount as such payable was Rs.3,41,776.96 N.P., out of which Rs.2,21,347/- has already been paid. Balance payable amount alleged to be of amount of Rs.1,20,426.96 N.P. Rs.25,000/- was paid to DH as refund payment in respect of First Appeal No.196 of 2014 on 11.12.2017. Complainant/DH is also entitled to compensation of Rs.1.00 lakh alongwith interest @ 9% per annum from the date of judgment alongwith refund of Rs.90,000/-. It is claimed that complainant is ready to return unencashed cheque sent by OPs to complainant.

3.             Arguments heard.

4.             From perusal of submitted application and reply by parties, it is made out that actually amount of Rs.2,21,064/- has been paid by JDs to DH on 18.10.2018. That payment was received by DH by suffering statement in this Forum on 18.10.2018 and that is why it is held that amount of Rs.2,21,064/- received by DH from JDs on 18.10.2018. From the submitted application and reply, it is also made out as if cheque issued for Rs.30,000/- by OPs was never encashed and that is why claim for refund of Rs.90,000/- has been put forth regarding three installments paid by complainant. That cheque is mentioned as AFC cheque of amount of Rs.45,867/- in the calculation sheet submitted by JDs. If the said AFC cheque has not been got encashed by complainant, then fault with JDs cannot be found.

5.             Perusal of order dated 14.01.2014 passed in Consumer Complaint No.288 of 2013 by this Forum reveals that complaint of DH was allowed with direction to OP No.1 to 3 to refund the balance sum of Rs.60,000/- retained illegally by OPs alongwith interest @ 9% per annum with effect from the dates on which respective amount was paid by complainant. So interest has been allowed on amount of Rs.60,000/- and not on amount of Rs.90,000/-. That order affirmed on 18.04.2017 in FA No.196 of 2014 by State Commission. Order has to be complied with in letter and spirit and as such entitlement of DH is for interest on amount of Rs.60,000/- with effect from the date of deposit by complainant with OPs. As first AFC cheque never encashed and as such OPs not liable to pay amount in excess of amount of Rs.60,000/- ordered by this Forum. Being so, submission advanced by counsel for DH has no force that entitlement of complainant is for amount of Rs.90,000/-. When entitlement of complainant for amount of Rs.60,000/- has been held through order under execution, then certainly DH not entitled to amount in excess of Rs.60,000/- as principal amount. No amount of interest has been allowed on the compensation amount of Rs.1.00 lakh and as such entitlement of DH for interest on the compensation amount is not there at all. Date of deposit of premium amounts of Rs.30,000/- each mentioned as 17.08.2010, 20.10.2011 and 16.04.2012 respectively in Para No.1 of order under execution, but as per Para No.10 of order under execution amount  of Rs.30,000/- paid by way of foreclosure of policy on 10.10.2012.  Further in Para No.10 of order under execution it is held that first premium paid on 07.09.2009, second on 07.09.2010 and third on 24.10.2011. Two annual premiums were paid by DH on due dates, but there is delay of one month and 15 days in payment of third premium, which was payable on 07.09.2011 and that is why it is held in Para No.10 of order under execution that Rs.30,000/- stood refunded to complainant by way of cheque. On the basis of those findings recorded in Para No.10 of order under execution it is made out that AFC cheque virtually was handed over by OPs to complainant for amount of Rs.45,867/- by way of refund of third installment. It is on account of this, that in Para No.12 of order under execution mention made regarding refund of auto foreclosure amount of Rs.30,000/- through cheque. It is on account of this that amount of Rs.60,000/- alone was ordered to be refunded by holding in Para No.14 of the order under execution that entitlement of DH is not for paid premium of Rs.30,000/- in the third installment.

6.             As the date of payment of Rs.30,000/-  is made out as 07.09.2009 and refund thereof made on 18.10.2018 and as such entitlement of complainant for this paid premium amount is for 9 years 1 month and 10 days. However, the second premium amount for which entitlement of complainant/DH held, paid on 07.09.2010 and as such entitlement of complainant/DH for interest on amount of Rs.30,000/- was for period of 8 years 1 month and 10 days. Being so, entitlement of complainant for interest in all virtually was for 17 years 2 months and 20 days. Interest on amount of Rs.30,000/- @ 9% per annum comes to Rs.2,700/- P.A. and by multiplying the same with duration of 17 years, 2 months and 20 days, entitlement of DH for interest comes to Rs.46,575/-. So entitlement of DH for principal and interest amount as per terms of order is of amount of Rs.1,06,575/-. By adding amount of Rs.1.00 lakh as compensation, total entitlement of DH is for amount of Rs.2,06,575/- upto 18.10.2018. However, JDs have already paid amount of Rs.2,21,064/- on 18.10.2018. Being so, there is no escape  from the conclusion that due amount payable by JDs to DH has been paid as per terms of the order under execution. However, calculation sheet submitted by JDs is not correct regarding seeking of refund of Rs.45,867/- referred above because refund of Rs.30,000/- the amount of third installment has already been done by issue of cheque even as per terms of order under execution. No contrary view in proceedings of execution application in that respect can be taken because Executing Court bound by terms of order under execution. 

7.             As a sequel of above discussion, it is held that calculation sheet submitted by the JDs is correct except regarding seeking of refund of Rs.45,867/- the amount of AFC cheque alongwith accrued interest thereon. As the JDs have paid Rs.2,21,064/- on 18.10.2018 and as such the due amount payable as per terms of the order under execution has already been paid by the JDs. In view of full compliance of order being done by the JDs, this application under Section 27 of the Consumer Protection Act merits dismissal and the same is hereby dismissed as being satisfied. File be indexed and consigned to record.

Announced

July10, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member