Extract of Order No. 18 Dt.26.04.16
The order is based on the petition filed by OP No.1 to 4( JDR) and objection filed by Petitioner-DHR. The petition of OP No.1 to 4 reveals that in the original C.C.Case No.14/12 this Forum an order dtd. 10.10.2014 directed the OP-Insurance Company to pay Rs.39,582/- to the present Petitioner-DHR(OP No.5) and Rs.5,000/- to the complainant alongwith Rs.500/- as cost of litigation, subject to deposit of salvage by the complainant before the OP-Insurance Company. It is further stated that no salvage was deposited by OP-Financer and initially the salvage was well protected and preserved on the show room, and the Petitioner-DHR has removed the salvage to a unknown place with ulterior motive. The surveyor assess the loss of Rs.28,301/-. The DHR in his written objection states that the salvages are kept with them and they are ready to handover the salvages as per the instruction of OP-Insurance Company, accordingly a mail has been sent to the OP-insurance company and on objection, on request of the authorized show room Bajaj Finance kept the salvages with then to save the depreciation cost.
In the petition, OP-Insurance company prayed this Forum that a direction may be given to present Petitioner to pay the cost of the damaged vehicle(salvage of the motor cycle) to the OP-Insurance Company as the non-compliance of order in original C.C.Case No.14/12 caused due to misguiding and suppression of facts of possession of salvage is by OP-Finance the present petition. In the original C.C.Case No.14/12 in order part of the judgement with other directions, it was directed that complainant will deposit the salvages before the Op-Insurance Company to avail the awarded amount. The subsequent developments are clearly observed in our earlier order bearing No.15 dtd. 29.02.2016 in the present Execution case regarding implementation of order in C.C.Case No.14/2012
In the circumstances, if the petition of OP-Insurance Company is considered in their favour will it be lawful under provisions of C.P.Act,1986 to modify the order which will affect the order of C.C.Case No.14/2012 ? It is the settle principle of law that Fora are not empowered under the C.P.Act to review its own order,. Hence, the relief sought of OP-Insurance Company can not granted at this stage of proceeding by reviving/modifying the original order in C.C.Case No.14/12. It is equally clear that the present execution proceeding is initiated by the OP-financer due to their own latches by suppressing the facts of possession of salvage by them. The plea of PetitioanerOP-financer) that on request of the authorized show room and better protection of the salvage the Petitioner(OP No.5) received the salvages which according to us a aforethought plea because Petitioner(OP No.5) does not speak a sentence regarding the said plea in their petition basing on which the present proceeding is initiated.
So, the Petitioner(OP No.5) in the present proceeding dragged the complainant(OP No.1) and the OP-Insurance Company unnecessarily litigation by not complying the order in original C.C.Case. This Forum invoking g the power U/S-25 & 26 directs the present Petitioner ( OP-Financer) to pay Rs.5,000/-(Rupees Five thousand) to the OP-Insurance Company for delaying the compliance of order, suppression of facts and misleading the Forum.
It is also clear that when Petitioner(OP-financer) is ready to pay the interest for delay to the complainant as per the order of original C.C.Case No.14/12. We have nothing to interfere in the dispute. The present order is to be read alongwith our earlier order dtd. 29.02.2016.
As per the discussions made above, it is clear that OP-financer with due information to complainant will hand over the salvages to the OP-Insurance Company. On receipt of the salvages OP-Insurance Company will comply the order of the Forum as per original C.C.Case No.14/2012. It is further directed OP-financer will pay Rs.5,000/- to the complainant namely Laxman Kumar Rout in shape of a Demand Draft or cheque to the OP-Insurance Company as per our aforesaid observation and OP-financer will pay be interest till its realization on Rs.5,500/- as per the order for the delay the order is to be carried out within one month of receipt of this order
Pronounced in the open Court, this the 26th day of April,2016.
