| DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MUMBAI SUBURBAN | | NEW ADMINISTRATIVE BUILDING, 3RD FLOOR, OPP.DR.BABASAHEB AMBEDKAR GARDEN , BANDRA (EAST), DISTRICT-MUMBAI SUBURBAN -400 051, MAHARASHTRA. |
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| Execution Application No. EA/14/2018 | | ( Date of Filing : 13 Apr 2018 ) | | In | | Complaint Case No. CC/260/2014 |
| | | | 1. MR. ABHILASH PANICKAR. | | 105, DHEERAJ VALLEY TOWER CHS, MOHAN GOKHALE ROAD, GOREGAON EAST, MUMBAI-400063. |
| ...........Appellant(s) | |
| Versus | | 1. BAJAJ ALLIANZ GENERAL INSURANCE CO LTD. | | THROUGH ITS MANAGING DIRECTOR, BAJAJ ALLIANZ HOUSE, 291-XTRIUM, 2ND FLOOR, NEXT TO HOLY FAMILY CHURCH, ANDHERI KURLA ROAD, CHAKALA, ANDHERI EAST, MUMBAI-400093. |
| ...........Respondent(s) |
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| Final Order / Judgement | - The said execution application is filed against the order of this Commission dated 04.12.2017 in CC/260/2014, according to which decreetal amount of Rs.42,481/- was payable to Complainant by 15.1.2018, failing which an interest of 10% p.a. was applicable on the entire amount. Thereafter As per one document titled ‘Calculations for Amount Due’ dated 18.02.2020 filed by the Complainant, he has received amount of Rs.46,158/- from Opposite Party on 15.12.2018 and as on 18.02.2020 the difference with interest until 18.4.19 is 229 and thereafter different with interest 10% as on 18.02.2020, comes to total 248 (229+19), to which Complainant has added costs for pursuing this execution application Rs.10,000/- and claimed Rs. 10,248/- Thereafter on 26.4.2022, Complainant has filed copy of one email dt. 18.3.2022, wherein he has showed new difference as 14,377 added costs for EA/14/2018 as 20,000 and arrived at a final figure of 34,377/-
- Non-Applicant no.1 in their written submissions dt. 29.4.2022 have stated that they had handed the cheque for amount of Rs. 46158/- on 27.11.2018 to Complainant in compliance of the original order, however Complainant has deliberately delayed in depositing the same, which was done on 15.12.2018, and therefore even if interest for the month of December is to be considered then Rs. 229/- balance interest is payable from 27.11.2018 to 15.12.2018.
- Thereafter one bailable warrant was issued by this Commission against law officer of Non-Applicant no.1, which was stayed by order of Hon. SCDRC dt.27.2.2020, thereafter law officer remained present on 20.03.2020 and 3.6.2020, and then due to Covid-19 pandemic, the workings of the court was affected, and briefly when hearings were resumed in September 2021, Complainant had made an application for issue of fresh bailable warrant, which later on this Commission cancelled on 17.02.2022, and on directions of this Commission the officer was again present before this Commission on 29.04.2022.
- In the proceeding under Section 27 of Consumer Protection Act 1986, certain issues raised by this Commission have to be decided upon. But in this case under Section 25 of CPA 1986, we consider it fit to issue Recovery Certificate for the amount of Rs.227/- as explained by Non-Applicant no.1. We are not inclined to grant any arbitrary costs prayed for by the Complainant, which is over and above the decreetal amount, as this Execution Application have been filed purely for executing the order passed in main complaint CC/260/2014, and penal interest provisions for any delay in compliance of order as directed is already provided therein.
- Under the circumstances, we pass the following order :
O R D E R 1) Recovery certificate as per provisions of Section 25(3) of Consumer Protection Act 1986 be issued through the Collector office, Mumbai Suburban District for an amount of Rs.227/- (Rupees Two Hundred Twenty Seventy only) against Non-Applicant no.1. 2) No order as to costs. 3) EA/14/2018 is disposed off. gmp/- | |
