DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH
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Execution Application No. in Consumer Complaint No.CC/400/2013 | : | EA/47/2014 |
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Date of Institution | : | 28/04/2014 |
Date of Decision | : | 28/08/2014 |
Om Parkash Azad resident of House No.2326, Sector 38-C, Chandigarh.
...Complainant/Decree Holder
Vs.
(1) Branch Manager, Max New York Life Insurance Chandigarh Agency, SCO No.36, 37, 38, Sector 8-C, Madhya Marg, Chandigarh through its Regional Manager.
(2) Managing Director, Max New York Life Insurance Company Ltd., 12th Floor, DLF City, Phase II, Gurgaon, Haryana.
... Opposite Parties/Judgment Debtors
BEFORE: SH. RAJAN DEWAN PRESIDENT
MRS.MADHU MUTNEJA MEMBER
SH. JASWINDER SINGH SIDHU MEMBER
Argued By: Sh. Ranbir Singh Rawat, Counsel for Complainant.
Ms.Jaimini Tiwari, Proxy counsel for Sh.Rajneesh Malhotra, Counsel for Opposite Parties(OPs).
PER JASWINDER SINGH SIDHU, MEMBER
1. This order will dispose of this execution application filed by complainant under Section 27 of the Consumer Protection Act, 1986, for non-compliance of the order dated 26.02.2014 passed by this Forum in Consumer Complaint No.400 of 2013, reproduced hereunder:-
“1. Ms.Jaimini Tiwari, Counsel for OPs, has made the following statement, recorded separately;-
“The OPs offers to pay interest @ 4% p.a., on the total amount of premium deposited by the complainant for insurance policies in question in this complaint, from the date of receiving of premium amount i.e. 10.12.2007, as full and final settlement. This amount will be paid to the complainant within 30 days from the date of receipt of certified copy of the order.”
2. Sh.Om Parkash Azad,Complainant, alongwith Sh.Ranbir Singh Rawat,Counsel for Complainant, has accepted the offer of OPs and made the following statement, recorded separately;-
“I accept the offer of OPs. This complaint be disposed of accordingly.”
3. In view of the aforesaid statements, the opposite parties (OPs) are directed to pay interest @ 4% p.a., on the total amount of premium deposited by the complainant for insurance policies in question in this complaint, from the date of receiving of premium amount i.e. 10.12.2007, within 30 days from the date of receipt of a certified copy of this order, failing which the OPs shall be liable to pay interest @ 18% p.a. instead of @ 4% p.a. till the payment is made.
4. Hence, the complaint is disposed of accordingly.
5. Certified copy of this order be communicated to the parties free of cost. After compliance file be consigned.”
2. The complainant has placed on record letter dated 11.04.2014 which the OPs had sent alongwith payment of Rs.2,50,203/- which included the premium amount of Rs.1,99,993.51 and interest @ 4% amounting to Rs.50210/-. The complainant has also placed on record photocopy of the envelope in which the said letter as well as cheques were received at his end on 12.04.2014.
3. The complainant has claimed that the order of this Forum dated 26.02.2014 was promised to be complied with by the OPs within 30 days from the date of receipt of a certified copy of the order dated 26.02.2014, but the OPs failed to comply with these orders within stipulated time of 30 days. Therefore, they were liable to pay interest @ 18% p.a. instead of @ 4% p.a. as per order of this Forum.
4. The OPs while defending themselves have interpreted the order of this Forum in a manner that if there is any default in making the payments within the stipulated time, then they are liable to pay interest @ 18% p.a. only for the duration of the period of default and not from the date of deposit till it was paid.
5. We have minutely perused the documents placed on record by the parties and it is abundantly clear that the complainant received the amount of Rs.2,50,203/- on 12.04.2014 and this payment was certainly received after the stipulated period of 30 days by the complainant. Even the date of covering letter dated 11.04.2014 proves that the said payment was dispatched by the OPs after the promised 30 days period. Therefore, the OPs are certainly liable to pay an interest @ 18% p.a. as per the order of this Forum dated 26.02.2014, which clearly states that in case of failure on the part of the OPs, they shall be liable to pay interest @ 18% p.a. instead of @ 4% p.a. till the payment is made. The statement of counsel for OPs clearly mentions that the OPs offered to pay interest @ 4% p.a. from the date of deposit of the premiums with them, till it was paid. This Forum while passing order had clearly directed the OPs to make the payments within 30 days time after the receipt of the certified copy of the order dated 26.02.2014, failure on their part would attract interest @ 18% p.a. instead of @ 4% p.a. till the payment is made. The language of this order is totally unambiguous and cannot be interpreted in any other manner, but that the OPs were liable to pay interest @ 18% p.a. instead of @ 4% p.a. from the date of receipt of the premium till it was paid in case of default on their part.
6. The act of the OPs in placing on record seven cheques total amounting to Rs.1,78,015/-, and claiming that the cheques which are in the name of complainant be not handed over to him, but were to be deposited in the Forum, is certainly an admission on their part that they failed to comply with the order of this Forum within stipulated period of 30 days. It is also made clear that any bank instrument which is required to be deposited with this Forum has to be in the name of President of the Forum. Therefore, the OPs by putting a condition of not releasing the amount in favour of complainant and asking it to be deposited in the Forum and not explaining as to what they wanted to achieve by such an action, have tried to confuse the situation further.
7. In these set of circumstance, we have no other option but to order that the OPs are liable to pay interest @ 18% p.a. from 10.12.2007 till the date of this order and that they are liable to pay the amount of Rs.1,99,993.51 alongwith an interest amounting to Rs.2,41,489/- calculated upto date. Therefore, after having made payment of Rs.2,50,203/-, the OPs are liable to pay Rs.1,91,279/- as of today. After releasing the payment of Rs.1,78,015/-, the OPs are still liable to pay Rs.13,264/- to the complainant. We order that the seven cheques, placed on record by OPs on 22.08.2014 total amounting to Rs.1,78,015/-, be handed over to the complainant against proper receipt.
8. The OPs who had earlier filed objections/reply to the execution application under Section 27 of the Consumer Protection Act, 1986, and have quoted that this Forum had committed an error by issuing notice under Section 27 of the act without resorting to the provisions of Section 25 of the Act. The OPs have also mentioned case titled as ‘New India Assurance Co. Ltd. versus Panna Lal, 2006(1) CPC 710’. However, with utmost respect, we prefer to ignore the aforementioned orders of the Hon’ble Haryana State Commission as the proceedings under Section 25 & 27 are independent proceedings and it is the sweet will of the applicant to invoke different remedies available with him and this Forum has no power to reject the application filed before it, if the same deserves merit, which in the present circumstances has been proved beyond all reasonable doubts, that the OPs have failed to comply the order of this Forum within stipulated time of 30 days as ordered on 26.02.2014. Our such view are found reflected in the judgment titled as ‘Naveen Wadhwa vs. Anil Kumkar Ajmani & ors. II (2008) CPJ 477’.
9. The act of the OPs in filing objections to the present execution application and thereafter filing of miscellaneous application under Section 151 CPC alongwith cheques in the name of the complainant, which they have desired be not paid to the complainant, is certainly an act of willful defiance of the order of this Forum which certainly deserves an adequate punishment.
10. We, therefore, saddle the OPs with a fine of Rs.5,000/-, to be deposited in the Consumer Legal Aid Account No.32892854721 maintained with State Bank of India, Sector 7, Madhya Marg, Chandigarh, in the name of the Secretary, State Consumer Disputes Redressal Commission, U.T. Chandigarh, for not having complied the order of this Forum. The OPs shall comply with this order within thirty days of receipt of the certified copy of this order. The OPs are directed to confirm the compliance of this order on or before the expiry of the stipulated time, failing which the officer Rachna Yadav, Deputy Manager(Customer Service) of the OPs, whose affidavit is found appended alongwith the application under Section 151, shall undergo imprisonment of three months.
11. The amount of Rs.13,264/- still outstanding against the OPs continues to attract interest @ 18% p.a. and the complainant is left to recover the same by resorting to the remedies available to him, as per law. This execution application stands disposed of in these terms.
12. Certified copy of this order be communicated to the parties free of cost. After compliance file be consigned.
Announced
28th August, 2014
Sd/-
(RAJAN DEWAN)
PRESIDENT
Sd/-
(MADHU MUTNEJA)
MEMBER
Sd/-
(JASWINDER SINGH SIDHU)
MEMBER
“as”
