West Bengal

Burdwan

EA/32/2014

Ashok Poddar - Complainant(s)

Versus

HDFC EGRO Geneeral Insurance Company Ltd., - Opp.Party(s)

Subrata Ghosh

23 Jun 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
166 Nivedita Pally, Muchipara, G.T. Road, P.O. Sripally,
Dist Burdwan - 713103
 
Execution Application No. EA/32/2014
In
CC/89/2009
 
1. Ashok Poddar
at Khottadih OCP, P.O.-Khottadih, Asansol, Dist.-Burdwan
...........Appellant(s)
Versus
1. HDFC EGRO Geneeral Insurance Company Ltd.,
6th floor, Leela Business Park, Andheri Kurla road, Andheri(E), Mumbai-400059.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Asoke Kumar Mandal PRESIDENT
 HON'BLE MR. Pankaj Kumar Sinha MEMBER
 
For the Appellant:Subrata Ghosh, Advocate
For the Respondent:
ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

MUCHIPARA, BURDWAN.

 

Execution Application No.32 of 2014

 

 

Date of filing:15.05.2014                                                                        Date of disposal:23.06.2016

 

 

Complainant: Ashok Poddar, S/o. Sri Akhil Mohan Poddar, residing at KhottadihO.C.P., P.O.-

                           Khottadih, Asansol, District-Burdwan.

 

-VERSUS-

 

Opposite Party: 1. HDFC EGRO General Insurance Company Ltd., 6th floor, Leela Business Park,

                                   Andheri Kurla Road, Andheri(E), Mumbai-400 059, service through its

                                   Chairman.

 

                              2. HDFC EGRO General Insurance  Company Ltd., 10/2, Metro Towers-1,

                                   Hochi Min Sarani, Kolkata-71, service through its Manager Claims (East).

 

                           3. Associate Manager, HDFC EGRO General Insurance Company Ltd., 2/9

                                  Matangini Bithi, Sail, Co-Operative Housing Society, Durgapur-713216.

 

Present :  Hon’ble President: Sri Asoke Kr. Mandal

     Hon’ble Member :  Sri Pankaj Kr. Sinha

 

Appeared for the Complainant:  Ld. Advocate Mirza Raja Begg.

Appeared for the Opposite Parties:  Ld. Advocate Sourav Kumar Mitra.

 

 

Order No.29

23.06.2016

 

 

            Today is fixed for compliance of the order under execution by the Jdr.  The Jdr. files hazira.  But no steps taken on behalf of the Dhr.  On perusing the record it appears that by passing the final order dated 12.11.2012 under execution this Forum made a direction to the Jdr. to pay Rs.1,75,500/- as repairing cost within 45 days from the date of receipt of the bill from the service centre.  The Jdr. has submitted that up to this day the bill has not been submitted before it showing such repairing cost of Rs.1,75,500/- and as such this execution case is premature in respect of the above payment of Rs.1,75,500/-.  In the final order under execution another direction was given to the Jdr. to pay Rs.5000/- and Rs.2000/- as compensation and litigation cost respectively.  The order No.11 dated 9.2.2015 shows that the Jdrs. have paid such amount of Rs.5000/- + Rs.2000/- = Total Rs.7000/- by issuing a banker’s cheque drawn on HDFC Bank bearing No.705150 dated 30.1.2015.

            In the above premises it appears that the Jdrs. have complied with the direction regarding payment of compensation and litigation cost.  Further it appears that the direction of payment of Rs.1,75,500/- by the Jdr. is still premature.

            In the above premises, we find nothing to continue this case further.  Hence, it is

Ordered

that the execution case being No.32/2014 is disposed of in part satisfaction and with the observation that this execution case is premature regarding payment of Rs.1,75,000/- towards repairing cost.

Let the copies of this order be supplied to the parties free of cost.

 

                         (Asoke Kr. Mandal)        

             Dictated and corrected by me.                                                           President       

                                                                                                                    D.C.D.R.F., Burdwan

                                                                                                                      

                   (Asoke Kr. Mandal)                     

                           President

                   D.C.D.R.F., Burdwan

 

(Sri Pankaj Kr. Sinha)

Member

D.C.D.R.F., Burdwan

 

 

 
 
[HON'BLE MR. Asoke Kumar Mandal]
PRESIDENT
 
[HON'BLE MR. Pankaj Kumar Sinha]
MEMBER

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