KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

REVISION PETITION NO. 73/2016

ORDER DATED:10.08.2018

(Against order in E.A. 66/2015 of CDRF, Wayanad)

PRESENT : 

HON’BLE JUSTICE S.S. SATHEESACHANDRAN  : PRESIDENT

SRI. T.S.P MOOSATH                                                          : JUDICIAL MEMBER

REVISION PETITIONERS:

1. The Branch Manager, Star Health & Allied Insurance Company, Branch office, Afthab Building, Near Karuna Hospital, Sultan Bathery.

2. The Manager, Star Health & Allied Insurance Company, KRM Centre, 6^th Floor, No. 2, Harington Road, Chetpet, Chennai-600 031.

 (By Adv. G.S. Kalkura)

                                                Vs.

RESPONDENT :

M. Azeez, Muringath House, Kuttikaitha, Ambalavayal Post, Wayanad.

ORDER

HON’BLE JUSTICE S.S. SATHEESACHANDRAN  : PRESIDENT

This revision is directed against the order passed by Consumer Disputes Redressal Forum Wayanad Kalpatta in EA 66/2015 ordering warrant against the review petitioner /judgment debtor in the above execution proceedings.  We have called for the records of the case.  Perusing the records and also the judgment dated 29.01.2016 in appeal No. 470/2015 arising from the order of the Forum in C.C. No. 250/2013, the order of which is being executed, we notice that affirming the order of the lower Forum appeal was dismissed with direction to opposite parties, who are the revision petitioners, to comply the order within 30 days from receipt of copy of judgment and in default to pay interest at 12% per annum till realization.  Learned counsel for revision petitioners submits that copy of the judgment in the appeal was received on 23.05.2016 and amount ordered i.e, a sum of Rs. 2,20,388/- was deposited by producing a D.D for the sum before the Forum on 15.06.2016.  Decree holder filing a statement contended that more sum was due to him, that is further sum of Rs. 24,427/- to satisfy the order.  Negativing the submission of judgment debtor that the order has been satisfied by full payment, lower Forum issued warrant against him and that is challenged in this revision. 

2.  Perusing records we find that the execution application was received and numbered at the stage before entertaining of the appeal and passing of judgment by this Commission.  In the application E.A No. 66/2015 filed on 06.07.2015 the decree holder had claimed a sum of Rs. 2,20,388/-.  Judgment Debtor deposited that amount within time after passing of the judgment in appeal.  Decree Holder was under the misconception that he was entitled to get interest from the date of filing the complaint.  On that misconception he prepared the statement and claimed for balance amount of Rs. 24,427/-.  We find that this Commission in the judgment tendered in appeal had provided time for compliance and within such time the order has been complied by the revision petitioner/judgment debtor.  No more amount than what was deposited is due to the decree holder.  Order directing issue of warrant against the Judgment Debtor is revoked and recording satisfaction of order EA 66/15 is dismissed.

Revision is allowed. 

JUSTICE S.S. SATHEESACHANDRAN : PRESIDENT

T.S.P MOOSATH     :  JUDICIAL MEMBER