Order No. 18

 16.03.2022

The record is put up on the prayer of the O.P.-The New India Assurance Co. Ltd. and also on the prayer of the complainant. O.P.-The New India Assurance Co. Ltd. has filed a petition praying for depositing the account payee cheque bearing No. 000261 dated 07.03.2022 amounting to Rs.3,80,059/-(Three Lakh Eighty Thousand Fifty Nine) only  in favour of the complainant Tamalika Mukhopadhyay drawn on HDFC Bank at Burdwan Branch towards full and final satisfaction of the awarded money passed in RA case No. RA/1/2021 in First Appeal No.A/5/2020 arising out of the case No. CC 158/2018. Perused the copy of the Order dated 24.11.2021 in connection with RA/1/2021wherein Hon’ble S.C.D.R.C., Asansol Circuit Bench passed an order with Review Petition dated 14.04.2021 registered as RA/1/2021 is allowed on contest and order dated 27.01.2021 of the Hon’ble S.C.D.R.C. stand vacated and the impugned judgment dated 05.12.2019 in case No.CC-158/2018 is also set aside but the Hon’ble State Commission passed an ordered to the effect that “OPs 1 and 2 are directed to pay an amount of Rs.235474/- to the complainant along with simple interest @4% p.a. since the filing of the case till compliance within one month from the date of this order, apart from litigation cost of Rs.10,000/-, in default appellant shall have liberty to put the decree into execution through the Ld. Commission, Burdwan.”  In view of this order, the O.P. -The New India Assurance Co. Ltd. prayed for depositing the abovementioned account payee cheque amounting to Rs.3,80,059/-( Three Lakh Eighty Thousand Fifty Nine) only  in favour of the complainant-Tamalika Mukhopadhyay.

The prayer of the O.P. -The New India Assurance Co. Ltd. is considered and allowed and he is directed to deposit the same. The Registrar-in-Charge is directed to keep the above account payee cheque in safe custody.

The complainant-Tamalika Mukhopadhyay filed a verified petition stating that the O.P. -The New India Assurance Co. Ltd. has deposited the awarded amount of Rs.3,80,059/-(Three Lakh Eighty Thousand Fifty Nine) only along with accrued interest and litigation cost vide account payee cheque No.000261 dated 07.03.2022 for withdrawal of the complaint.

Perused the case record and abovementioned order. Considered. Prayer of the complainant is allowed. Let the account payee cheque bearing No. 000261 dated 07.03.2022 amounting to Rs.3,80,059/-(Three Lakh Eighty Thousand Fifty Nine)  be delivered to the complainant-Tamalika Mukhopadhyay on proper receipt and identification. The Registrar-in-Charge to do the needful.