Delhi

New Delhi

EA/50/2016

Anand Prakash Gupta - Complainant(s)

Versus

Cholamandalam MS General Insurance Co . Ltd - Opp.Party(s)

21 Dec 2017

ORDER

 

 

Consumer Disputes Redressal Forum- VI, New Delhi District, Delhi

(Govt. of NCT of Delhi)

 

DF-VI/EXE/548/2016

IN

DF-VI/CC/556/2008

In the matter of

Anand Prakash Gupta

R/o C-12/394, Yamuna Vihar

Delhi- 110053                                                            …       Decree Holder

 

Versus

 

Cholamandalam MS General Insurance Company Limited

Plot No. 6, 1^st Floor

Pusa Road, Karol Bagh

New Delhi- 110005                                                    …       Opposite Party No. 1

 

HDFC Ergo General Insurance Company Ltd.

14, Ambadeep Building

K G Marg

New Delhi- 110001                                                    …       Judgment Debtor

 

Appearance:

None for DH

Sh N K Chauhan, Adv. for JD

 

ORDER

21/12/2017

 

(Sh. Divya Jyoti Jaipuriar, President)

This Forum passed the final order dated 21/12/2011 in CC/556/2011 in favour of the Complainant/ DH herein and directed the Opposite Party/ JD herein to pay a sum of Rs. 93,469/- with interest @ 9% pa from the date of repudiation, Rs. 50,000/- as compensation and cost of Rs. 50,000/-. The cost was directed to be recovered from the officer of OP/ JD.  The said order was challenged before Hon’ble State Commission in FA No. 66/2012 by OP. The said FA was decided by Hon’ble State Commission vide its order dated 21/08/2015 with modification. The order passed by this forum was modified to the extent that the cost of Rs. 50,000/- was reduced to Rs. 10,000/- to be paid by the OP/ Appellant and not to be recovered from the officer of the OP/ Appellant. In compliance of the order of the Hon’ble State Commission, the JD has made the payment of Rs. 1,26,894/- by a cheque dated 20/01/2016 and sent the said cheque by post to the Complainant/ DH at the address given in the memo of parties of the order passed by Hon’ble State Commission. However the said cheque was returned to the OP as the Complainant was not residing at the address any more. The new address of the Complainant was also not communicated to the OP.

In the meantime, the Complainant filed this execution petition. From the records, it is also seen that the DH has not given his address in the memo of parties of the Execution Application. However in the affidavit filed by the DH, the new address of the DH has been given.

During the proceedings, the JD has made a payment of Rs. 2,36,706/- by calculating the interest upto 01/01/2016, when the cheque was sent to the DH, which was returned as the DH had left the said address. However, the DH claims the payment of Rs. 2,43,077.14 (as on 01/06/2017) as the DH is calculating the interest till 01/06/2017.

Both parties have filed their respective calculation sheets. JD has also filed its reply and DH has filed the rejoinder. The DH, in the rejoinder has simply denied the averments of the JD. DH has also stated that as there was a change of the address of the DH, which, admittedly, was not communicated to the JD, the JD would have sent the cheque to the counsel appearing for DH. We do not find force in this argument as the direction of this forum and also of the Hon’ble State Commission is to make the payment to the Complainant/ DH herein and not to the counsel appearing for DH. As there was no communication from DH to the JD intimating the change of address, we do not find any fault if delay in payment by JD. In view of this reason of non-communication of changed address by DH to JD, we also agree with the calculation sheet filed by the JD.

On the observations above, we are of the opinion that the orders dated 21/12/2011 passed by this forum, which has been modified by the order dated 21/08/2015 passed by Hon’ble State Commission has been complied with completely and nothing survives in this execution petition. Hence, this execution petition is disposed of as such.

A copy of this final order be supplied to both parties free of cost in terms of the rules. Copy of this order be also sent to the website. Thereafter, the file be consigned to the record.

Order pronounced on 21/12/2017.

 

 

 

 

 

(H M Vyas)                       (Nipur Chandna)                 (Divya Jyoti Jaipuriar)

                                                      Member                              Member                             President