BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I

U.T. CHANDIGARH

                                                            Criminal Complaint No.28 of 2010

in

Complaint Case No. 128 of 2008

Shri Shakil Khan s/o Shri Umerdeen Khan, aged about 31 years, c/o Dass Pardhan, Village Bhupnagar, Post Office Baddi, Tehsil Nalagarh, District Solan (HP).                                                                                       –              Applicant/Complainant

                                                Versus

1.         ICICI Lombard General Insurance Company Limited, through its Manager, SCO No.24-25, 1^st Floor, Sector 8-C, Chandigarh U.T.

2.         ICICI Lombard General Insurance Company Limited, through its Manager, 1^st Floor, Plot No.118/9, College Road, Mandi (HP).

                                                                                    –            Accused/Opposite Parties

Present:            Sh.N.P.Sharma, Advocate for Complainant.             

                        Sh.Sandeep Suri, Advocate for OPs.

                                                            ORDER

1.                     The complaint (No.128 of 2008) of the complainant was allowed by this Forum vide its order dated 17.9.2008 and OP No.1 & 3-ICICI Lombard General Insurance Company Limited were directed to pay to the complainant Rs.1,58,480/- within 30 days from the date of receipt of the copy of the order, along with Rs.5000/- as costs of litigation. It was ordered that if the amount is not paid within 30 days, OPs would be liable to pay the same along with interest at the rate of 12% per annum since 27.12.2007 (the date of report of the Surveyor), till realization. The complainant received the amount of Rs.1,63,480/- from the OP No.1 & 3 vide a demand draft on 15.10.2008. However, the complainant filed an appeal for enhancement of the relief allowed by this Forum and the Hon’ble State Commission vide its order dated 19.11.2009 disposed of the appeal and the complainant was allowed the interest @ 9% payable after two months from the date of surveyor report till its actual realization. The complainant thereafter received a sum of Rs.14,028/- from the OP No.1 & 3 on 12.12.2009. His contention is that the actual sum liable to be paid as on 12.12.2009 was Rs.25,556/- being the interest @ 9% per annum w.e.f. 27.2.2008 (the date after two months from the date of surveyor report dated 27.12.2007) till 12.12.2009 and hence the OP No.1 & 3 willfully failed to make the payment of the balance sum of Rs.13,755/-.  Hence this execution application.

2.                     OPs appeared through their counsel and filed objections to the execution petition saying that there was no order to the OPs to pay any interest in the original complaint decided by this Forum and the payment of the amount as per the order was made in full on 15.10.2008. He further stated that the OP in terms of the order of the Hon’ble State Commission paid the full amount payable as interest, from 2 months after the filing of the surveyor’s report till the payment of the amount in terms of the order of the forum on till 15.10.2008. He has further stated that after the 15.10.2008, there was no principal amount left unpaid which would have carried interest component as the entire principal sum of the awarded sum had already been paid much prior to the passing of the order of the State Commission and the liability of the OP was only to pay the interest on the amount of Rs.1,63,480/- till 15.10.2008, which amounted to Rs.14028/- and the same was duly paid on 12.12.2009  i..e within 30 days of the passing of the order of the State Commission. Therefore, there is no occasion now for initiating any proceedings under Section 27 of the Act against the OPs.

3.                     We have heard the learned counsel for the parties and gone through the execution application of complainant as well as objections filed by the OPs.

4.                     It is a matter of fact that OP No.1 & 3 in compliance with the order of the District Forum dated 17.9.2008 paid a total sum of Rs.1,63,480/- to the complainant within 30 days from the date of the order i.e. on 15.10.2008. Since complainant had gone in appeal against the order of the District Forum at the State Commission, the Hon’ble State Commission passed another order on 19.11.2009, directing the OPs to pay interest @ 9% payable after two months from the date of the surveyor report till its actual realization. In compliance with the order of the State Commission, the OP No.1 & 3 made another payment for a sum of Rs.14,028/- on 12.12.2009 calculating the interest @ 9% from 27.2.2008 (the date after two months from the date of surveyor’s report) till the date of actual payment i.e. 12.12.2009. The only grievance of the complainant now is that he had not been paid the interest on the entire amount of Rs.1,63,480/- from the date two months after the date of surveyor’s report till the date of final payment to him.

5.                     In our considered opinion, since the entire principal amount comprising the compensation as well as costs of litigation stood paid in full as on 15.10.2008 i.e. within 30 days of date of order passed by the District Forum, no further interest shall accrue on this amount after that date. So far as question of remaining interest @ 9% p.a. on this amount as per order passed by the Hon’ble State Commission is concerned, the same has already been dutifully paid by OP No.1 & 3 upto date to the complainant as on 12.12.2009. Therefore, in our view nothing remains unpaid by OP No.1 & 3 to the complainant as on the date of making the executioin application. Therefore, the present execution made by the complainant becomes infructuous and hence the same is dismissed without any costs. 

6.                     Copies of this order free of cost be supplied to the parties. The file be consigned.

25.05.2010      (MADANJIT KAUR SAHOTA)      (RAJINDER SINGH GILL)       (ASHOK RAJ BHANDARI)

                          MEMBER                                                     MEMBER                                              PRESIDING MEMBER