Punjab

Nawanshahr

MA/4/2015

New India Assurance - Complainant(s)

Versus

Hardeep Singh - Opp.Party(s)

Santokh Singh

11 Mar 2015

ORDER

ORDER

MRS. NEENA SANDHU, PRESIDENT

This order shall dispose of application dated 04.03.2015 filed by the applicant/OP for directing the complainant to return the amount of Rs.4,80,000/- accidently paid by the applicant/OP insurance company to the complainant, for the purpose depositing the same before this Hon’ble Forum or in the alternative directing the complainant to deposit the same with this Hon’ble Forum on behalf of Insurance Company in compliance of order dated 14.01.2015 passed by Hon’ble National Consumer Disputes Redressal Commission-  New Delhi.   In the said application it is stated that the complainant filed an appeal before Hon’ble State Commission against the order dated 27.07.2012 passed by this Forum which was accepted, vide order dated 08.09.2014 the OP/applicant was directed to pay Rs.9,60,000/- to the complainant.  Against the order dated 08.09.2014 passed by Hon’ble State Commission, the applicant/OP filed an appeal before Hon’ble National Commission which was admitted on 14.01.2015 and notice was issued to respondent/complainant for 11.08.2015 and a stay was also granted with the followings observations:

          “Arguments on stay application heard.  Stay is granted subject to the petitioner depositing 50% of the decretal amount with the                      District Forum, within 4 weeks.”

As per the order passed by the Hon’ble National Commission, the applicant/OP has to deposit the amount of Rs.4,80,000/- with this Hon’ble Forum.  Whereas, the applicant/OP accidently made the said payment to the complainant vide cheque No.247056 dated 27.01.2015 payable at Axis Bank – Hoshiarpur.  Therefore, it is prayed that the application of the applicant/OP be allowed.

3.       We have heard the learned counsel for the applicant/OP.

4.       In compliance of the order dated 14.01.2015 passed by the Hon’ble National Commission, the applicant/OP was to deposit a sum of Rs.4,80,000/- with this Forum.  However, inadvertently, the applicant/OP had paid the said amount to the complainant.  It may be stated that the matter is sub-judice before the Hon’ble National Commission, thus no direction can be issued by this Forum as prayed for in the application.  Consequently, the present application filed by applicant/OP is dismissed.