NCDRC

NCDRC

RP/2818/2017

DHFL PRAMERICA LIFE INSURANCE CO. LTD. & ANR. - Complainant(s)

Versus

KULDEEP KAUR - Opp.Party(s)

MR. JAYANT PAWAR

16 Oct 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2818 OF 2017
 
(Against the Order dated 12/10/2015 in Appeal No. 1433/2012 of the State Commission Punjab)
1. DHFL PRAMERICA LIFE INSURANCE CO. LTD. & ANR.
Erstwhile Known as DLF Pramerica Life Insurance Co. Ltd., Through its Authorized Rep., Registered Office at DLF Centre, Sansad Marg,
New Delhi - 110 001
2. DHFL PRAMERICA LIFE INSURANCE CO. LTD.
Erstwhile Known as DLF Pramerica Life Insurance Co. Ltd., Through its Authorized Rep., Branch Office at 1st Floor, Vidya Tower, Mall Road, Near Udham Singh Chowk,
Firozpur
Punjab
...........Petitioner(s)
Versus 
1. KULDEEP KAUR
Resident of Village Bhure Kala, Post Office Khai Pheme Kai, Tehsil Firozpur
Punjab
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT

For the Petitioner :
Mr.Jayant Pawar, Advocate with
Mr.Mrityunjay Singh, A/R
For the Respondent :

Dated : 16 Oct 2017
ORDER

        Challenge in this Revision Petition by the Judgement-debtor, namely, DHFL Pramerica Life Insurance Co. Ltd., is to the order dated 12.10.2015, passed by the State Consumer Disputes Redressal Commission, Punjab at Chandigarh (for short “the State Commission”) in MA/219/2015 in F.A. No.1433/2012.  By the impugned order, the State Commission has dismissed the application filed on behalf of the Petitioners, seeking a direction by the State Commission for release of the amount, which was deposited pursuant to the interim orders passed.

        The short grievance of the Petitioners in this Revision Petition is that since the entire decretal amount, in terms of the final order dated 13.5.2014 has since  been paid to the Complainant/decree-holder, the amount deposited by the Petitioners deserves to be refunded to them.

        Dealing with the said prayer, by the impugned order, the State Commission, as noted above, has dismissed the application observing that grant of relief prayed for in the application would amount to review of its order dated 13.5.2014 passed in FA/1433/2012, whereby the Petitioners were directed to remit to the Complainant a sum of ₹75,000/-, which is not within the domain of its jurisdiction.

        Having heard learned Counsel for the Petitioners and perused the affidavit filed in support of the application sometime in the month of August 2015, wherein precise details of the amounts paid to the Complainant have been given, I am of the opinion that the prayer made in the application should be considered by the State Commission on merits.

        Consequently, the Revision Petition is allowed; the impugned order is set aside and M.A. No.219/2015 is restored to the Board of the State Commission for decision on merits.

        The Revision Petition stands disposed of in the above terms.

 
......................J
D.K. JAIN
PRESIDENT

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