Uttar Pradesh

StateCommission

RP/122/2018

DHFL Pramerica Life Insurance Co. Ltd - Complainant(s)

Versus

Hemant Kumar Gupta - Opp.Party(s)

Prasoon Srivastava

25 Jul 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP
C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010
 
Revision Petition No. RP/122/2018
( Date of Filing : 23 Jul 2018 )
(Arisen out of Order Dated 13/07/2018 in Case No. EX/95/2016 of District Lucknow-II)
 
1. DHFL Pramerica Life Insurance Co. Ltd
Fourth Floor Building No. 9-B Cyber City Phase III Gurgaon 122002
...........Appellant(s)
Versus
1. Hemant Kumar Gupta
R/O 94 Green City Colony Gorakhnath Gorakhpur U.P.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN PRESIDENT
 
For the Petitioner:
For the Respondent:
Dated : 25 Jul 2018
Final Order / Judgement

ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/122/2018

               (Against the order dated 13-07-2018 in Execution Case No.

                   95/2016 of the District Consumer Forum-II, Lucknow )

  1. DHFL Premerica Life Insurance Company Limited

(Previously known as DLF Premerica Life –

Insurance Company Limited

4th Floor, Building No.9-B

Cyber City, Phase-III

Gurgaon-122002

  1. DHFL Premerica Life Insurance Company Limited

(Previously known as DLF Premerica Life –

Insurance Company Limited

7th Floor, Unit No. 710, Ratan Square

20 Vidhan Sabha Road, Lucknow-226001

                                                                                      ...Revisionists

                                                     Vs.

  Heman Kumar Gupta

  R/o 94 Green City Colony

  Gorakhnath, Gorakhpur, U.P.

                                                                                       ...Opposite party

 

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the Revisionist         :   Mr. Prasoon Srivastava, Advocate.

For the Opposite Party   :

Dated :  25-07-2018

                                                  ORDER

       MR. JUSTICE A. H. KHAN, PRESIDENT 

                   Sri Prasoon Srivastava, learned Counsel for the revisionists appeared.

We have hear learned Counsel for the revisionists and perused impugned order dated 13-07-2018 passed by District Consumer Forum-II, Lucknow in Execution Case No. 95/2016 Hemant Kumar Gupta V/s DHFL Pramerica Life Insurance Company Limited and another. The impugned order reads as follows:-

“पक्षकार उपस्थित । वादी ने गणना चार्ट मय शपथपत्र प्रस्‍तुत किया। वादी स्‍टेप्‍स प्रस्‍तुत करें। जे डी के विरूद्ध आर0 सी0 दिनांक 21.9.2018

 

:2:

हेतु जारी हो।“

It is contended by learned Counsel for the revisionists that the decretal amount payable in terms of judgment and order passed by District Consumer Forum which is under execution has already been paid. The decree holder/complainant has filed wrong calculation chart of decretal amount on the basis of which the District Consumer Forum has passed impugned order to issue R.C.

It is further contended by learned Counsel for the revisionists that the revisionists have filed objection against calculation chart filed by complainant/opposite party before District Consumer Forum which is pending for disposal.

Learned Counsel Sri R K Mishra appeared for opposite party and prayed for time to file vakalatnama.

We have considered the submission made by learned Counsel for the revisionists.

In view of submission made by learned Counsel for the revisionists it appears just to dispose of revision finally with direction to the District Consumer Forum to pass order on objection filed by revisionists/judgment debtors before issuing R.C.

Revision is disposed of accordingly.

Let copy of this order be made available to the parties positively within 15 days as per rules.

 

                                                               ( JUSTICE A H KHAN )

                                                                               PRESIDENT

 

                                                                   ( MAHESH CHAND )

                                                                                   MEMBER

          Pnt.

 

 

 

 
 
[HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN]
PRESIDENT

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