Punjab

Moga

EA/54/2022

Bhavani Singh - Complainant(s)

Versus

ICICI Lombard General Insurance Co. - Opp.Party(s)

Sh. Sunil Jaiswal

20 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, DISTRICT ADMINISTRATIVE COMPLEX,
ROOM NOS. B209-B214, BEAS BLOCK, MOGA
 
Execution Application No. EA/54/2022
( Date of Filing : 21 Jul 2022 )
In
Complaint Case No. CC/32/2019
 
1. Bhavani Singh
S/o Sh Nachattar Singh R/o H.No. 838, Gali No. 5 Mohalla Angad Pura Moga Punjab Tehsil and District Moga
Moga
Punjab
...........Appellant(s)
Versus
1. ICICI Lombard General Insurance Co.
TF1-5 third Floor,88 The Mall Ludhiana Punjab through its Branch Manager
Ludhiana
Punjab
2. ICICI Lombard General Insurance Co. Ltd.
through its Branch Manager, 2nd floor Plot no.991 GT Road Skylark tower Moga
Moga
Punjab
3. Singal Agro Sales
G.T. Road Moga near Akalsar Road through its Manager, Moga
Moga
Punjab
4. M/s TVS General TVs Credit Service Limited
Bristor IT Park Plot no.10 South Phase Thiru-VI-kas Ind ustrial Estate Gundy Chenna 60032
Chennai
Tamilnadu
...........Respondent(s)
 
BEFORE: 
  Smt. Priti Malhotra PRESIDENT
  Sh. Mohinder Singh Brar MEMBER
  Smt. Aparana Kundi MEMBER
 
PRESENT:Sh. Sunil Jaiswal, Advocate for the Appellant 1
 
Dated : 20 Mar 2023
Final Order / Judgement

Present: 

For the applicant:          Sh.Sunil Jaiswal, Advocate.

For the respondents:      Sh.Vishal Jain, Advocate.

 

          This execution application has been filed against the order dated 04.03.2022 passed by this District Commission as per the compromise entered into between the parties. During the pendency of this execution application the respondents/JDs deposited the settled amount and the same has duly been accepted by the applicant. Ld. counsel for the applicant/DH insisted for interest on the settled amount claiming that there is a delay of eight months in making payment by the respondents/JDs and also claimed for Rs.10,000/- as counsel fee.

From the record available on file, it transpires that the compromise was entered into between the parties on 04.03.2022 and as per the compromise the Opposite Parties /ICICI Lombard company agreed to pay an amount of Rs.52,000/- as full and final settlement of the claim amount in total within one month; to which applicant/complainant agreed. Thereafter in view of the statement made by ld. counsel for both the parties, the said complaint was ordered to be dismissed as withdrawn being fully satisfied. The perusal of the order dated 04.03.2022 shows that there is no mentioning of interest to be paid to the complainant, in case Opposite Parties fails to make the payment within stipulated period. Moreover, there is no evidence on record showing that the applicant has paid Rs.10,000/- as  counsel fee.

In view of the above, the present execution application stands disposed off. Copy of the order be supplied to the parties, free of costs. File be consigned to record room.

Announced in Open Commission

 
 
[ Smt. Priti Malhotra]
PRESIDENT
 
 
[ Sh. Mohinder Singh Brar]
MEMBER
 
 
[ Smt. Aparana Kundi]
MEMBER
 

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