FA.No.1231/2005 against PP.No.91/2003 in CD.No.669/2001 District Consumer Disputes Redressal Forum-I, Hyderabad.

Between-

United India Insurance Company Limited,

Rep. by its Branch Manager,

C.B.III, Tarnaka Branch,

12-5-149/19/2, Opp.NIN, Vijayapuri, Tarnaka,

Secunderabad – 500 017.

…Appellant/Respondent/Opposite Party.

And

G.Janaki Ramaiah,

S/o.late Ramachandrudu,

Aged about - 65 years,

Occ- Business,

R/o.Plot No.31, Durga Nagar Colony,

Ameerpet, Hyderabad .

…Respondent/Petitioner/Complainant.

Counsel  for the Appellant        - Mr. R.Brizmohan Singh.

Counsel for the Respondent     - Mr.N.Sridhar.

QUORUM-THE HON’BLE MR.JUSTICE D.APPA RAO, PRESIDENT,

AND

SMT.M.SHREESHA, HON’BLE LADY MEMBER,

FRIDAY, THE EIGHTEENTH DAY OF APRIL,

TWO THOUSAND EIGHT.

Oral Order (Per Hon’ble Mr.Justice D.Appa Rao, President)

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            Heard both sides.

1.         This is an appeal preferred by the opposite party against the order of the District Consumer Disputes Redressal Forum-I, Hyderabad dated 06.09.2005 in PP.No.91/2003 in CD.No.669/2001 directing the appellant to pay the balance amount of Rs.21,202/- to the petitioner. 

2.         The complainant alleges that an amount of Rs.8,009/- with interest has to be paid by the Insurance Company.  Whereas the opposite party Insurance Company submits that an amount of Rs.7,067/- is to be paid by it.  The complainant alleges that this difference has arisen in view of the fact that a deduction of Rs.12,811/- is made towards TDS.  The Insurance Company alleges that Rs.13,596/- is the amount payable towards TDS.  The difference payable hardly comes to Rs.942/-.

3.         In the original order an amount of Rs.2,00,000/- was awarded with interest from 1998 till realization and in view of the fact that there is a dispute in regard to TDS to be deducted.  In the calculation memo filed by the complainant, amount towards TDS was shown at Rs.12,811/- being 10 percent of the amount deposited.  The Insurance Company asserts that Rs.13,596/- has to be deducted towards TDS.  No data is furnished as to how the TDS was calculated.  We deem it a fit case that the Insurance Company can as well deduct TDS on Rs.12,811/- in stead of Rs.13,596/- and inform the same to the authorities concerned.  Since the difference of amount is hardly Rs.900/- and odd, we do not see any dispute that has to be adjudicated.   The complaint was filed in the year 2001, and for the last 7 years the matter is pending for payment of the amount.  The entire amount was paid except for this amount.  In view of the fact that the Insurance Company admits the balance amount payable at Rs.7,067/-, and the difference of amount is only Rs.942/-, we direct the opposite party Insurance Company to pay Rs.8,009/-, being the difference of the amount. 

4.         The appeal is disposed of accordingly.  Time for payment four weeks.      

PRESIDENT               LADY MEMBER              

DT-18.04.2008.

Vvr.