Maharashtra

StateCommission

A/10/1120

M/S AVIVA LIFE INSURANCE CO LTD - Complainant(s)

Versus

DR.NAUTEJ SINGH - Opp.Party(s)

KMC LEGAL

21 Mar 2011

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/10/1120
(Arisen out of Order Dated 16/07/2010 in Case No. 348/2008 of District Pune)
 
1. M/S AVIVA LIFE INSURANCE CO LTD
AVIVA TOWER SECTOR ROAD OPPOSITE GOLF COURSE DLF PHASE V GURGAON 122001
GURGAON
HARYANA
...........Appellant(s)
Versus
1. DR.NAUTEJ SINGH
R/at 103, Chetna Apartments, 2423, G.T. Road, Pune-411 001.
MAHARASHTRA
2. MR.SHARAN SINGH
R/at 103 Chtna Apartments, 2423, G.T. Road, Pune-411 001
MAHARASHTRA
3. ABN AMRO BANK LTD.
Thru its Vice President Mr.Tushar Lowelkar, O/at 327, M.G. Road Camp, Pune-411 001.
MAHARASHTRA
4. .
.
5. .
.
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr.Justice S.B.Mhase PRESIDENT
 Hon'ble Mr. S.R. Khanzode Judicial Member
 Hon'ble Mrs. J.D.Yengal MEMBER
 
PRESENT:
Mr. Mehta
......for the Appellant
 
Dr. Navtej Shah in person.
......for the Respondent
ORDER

Per Hon’ble Mr. Justice S.B. Mhase, President :

Heard.  Appellants are directed to correct the name of the Respondent No. 1 (original Complainant.)  Thereafter, Ld. Counsel Mr. Mehta states that he had received instructions from Appellant Co. to withdraw the appeal.  Taken on record.  Dr. Nautej Singh is present.  He made grievance that unnecessarily appeal was filed and he being a Cardiologist, he has to forgo his daily income and has to attend the Commission twice and therefore, he insisted for the cost.  Looking to the working of Dr. Nautej Singh, Cardiologist with N.M. Wadia Institute, Dr. Nautej Singh is charging/earning `15,000/- per day.  Mr. Mehta has submitted that cost of `5,000/- may be granted.  Taken into consideration above facts, we find `7,500/- as proper cost for each day.  Therefore, leave to withdraw appeal is granted.  Since Respondent No. 1 have attended this Commission twice, we quantify `15,000/- as stated above as cost to be paid by the Appellant to the Respondent No. 1 within 15 days.  Mr. Mehta further submitted that the amount of `25,000/- has been deposited at the time of filing of this appeal under section 15 of the Consumer Protection Act.  Therefore, Registrar is directed to pay amount of `25,000/- to the Complainant by way of part payment towards satisfaction of the District Forum’s order.  After payment of `25,000/-, remaining amount may be paid by the Appellant to the Respondent No.1 and 2 within 15 days.  On failure to comply order, the Complainant may proceed for execution of order under section 25 and/or under section 27 of the Consumer Protection Act.

          Appeal stands disposed off.

 

 

Pronounced on dated 21st March 2011.

         

 
 
[Hon'ble Mr.Justice S.B.Mhase]
PRESIDENT
 
[Hon'ble Mr. S.R. Khanzode]
Judicial Member
 
[Hon'ble Mrs. J.D.Yengal]
MEMBER

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