DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.
Execution application No: 187 of 10.08.2015.
Date of Decision : 10.08.2015
Shelza Gupta wife of Late Sh. Rajan Gupta
….. Applicant.
Versus
Life Insurance Corporation of India
..…Respondent.
APPLICATION UNDER SECTION 27 OF CONSUMER PROTECTION ACT.
QUORUM:
SH.G.K.DHIR, PRESIDENT
SH.SAT PAUL GARG, MEMBER
COUNSEL FOR THE PARTIES:
For applicant : Sh. S.S. Heer, Advocate
For respondent : Sh. V.K. Gupta, Advocate
PER G.K DHIR, PRESIDENT
1. Execution application under Section 27 of Consumer Protection Act filed by applicant claiming that appeal against order dated 04.10.2013 of this Forum pending before Hon’ble State Consumer Disputes Redressal Forum, Punjab, Chandigarh. Execution of orders dated 04.10.2013 passed in complaint No.820 of 04.10.2012 titled as Shelza Gupta Vs Life Insurance Corporation of India, passed by this Forum has been sought by way of issuance of direction to Life Insurance Corporation to comply with the orders.
2. Earlier application was filed by OPs for grant of reasonable time to LIC to comply with the orders and that’s why the execution was adjourned sine die vide order of 28.02.2014. Today the arguments on execution application heard.
3. Operative part of the order under execution dated 04.10.2013 passed by this Forum in complaint No.820 on 04.10.2012 reads as under:-
“In view of the above discussion, we hereby partly allow this complaint as a result, direct the OP to re-examine the death claim of the complainant qua deceased Rajan Gupta and to settle and pay the claim of the complainant as per the terms and conditions of the insurance policy and further, Op is directed to pay litigation costs of Rs.5000/- (Five thousand only) to the complainant. Keeping in view the facts and circumstances of the present case, no order as to compensation is passed. Order be complied within 45 days of receipt of copy of the order, which be made available to the parties free of costs. Copy of the order be made available to the parties free of costs. File be completed and consigned to record room.”
4. The appeal was preferred against the above referred order before Hon’ble Punjab State Consumer Disputes Redressal Commission, Chandigarh. That appeal was dismissed being infructuous with the following observations:-
“In case the complainant will be aggrieved with the said order he will file fresh complaint before the District Forum but for the time being his appeal has become infructuous. Accordingly, the appeal is dismissed as fructuous.
5. After going through the orders passed by this Forum, it is made out that direction was issued to LIC to re-examine the death claim of claimant for deceased Rajan Gupta and even OP was directed to pay litigation costs of Rs.5,000/-. In order of Hon’ble State Commission itself, it has been found in para no.6 that those costs of litigation has been paid. There is no reason to arrive at different finding than that of one recorded in para no.6 of the order dated 25.08.2014 passed in First Appeal No.1303 of 2013 by Hon’ble State Commission. As Hon’ble State Commission has directed OP to pass fresh orders as per directions of orders of this Forum under execution and said orders have been passed by OPs qua which intimation through letter dated 31.03.2014 has been sent to decree holder through entry in dispatch register and as such compliance of order has been done. If it all the complainant will aggrieve by the order of repudiation of the claim, the remedy is available with her is to file fresh complaint before this Forum as per observations recorded by Hon’ble State Commission in para no.6 of orders passed in first appeal. In view of compliance of orders by LIC, no further action in the execution application is required and as such, execution application deserves to be dismissed and same is hereby dismissed with observation that in case decree holder will not satisfy with the orders of repudiation of claim by OP, then she can file fresh complaint. This file be consigned.
Dated: 10.08.2015
(Sat Paul Garg) (G.K.Dhir)
Member President
