BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P.V.JAYARAJAN                                           :  PRESIDENT

SMT. PREETHA G. NAIR                                     : MEMBER

SRI. VIJU V.R                                                          : MEMBER

C.C. No. 520/2023      (Filed on 16.10.2023)

ORDER DATED: 02.08.2024

Complainant:

Vinoj Rajan, ‘Gomathy’, Pullannivila, Thundathil P.O., Thiruvananthapuram-695 581.

                     (By Adv. N.G. Mahesh)                                     

Opposite parties:

1. The Manager, New India Assurance Company , Trivandrum Claims Hub (760002), T.C. 26/1436, Govt. Press Road, Thiruvananthapuram-695 001.

2. New India Assurance Company Ltd., represented by its Manager, Head Office, New India Assurance Building, 87 MG Road, Fort, Mumbai-400 001.

3. The Manager, New India Assurance Company, 2^nd Floor, Rema Plaza, Near Ayyappan Coil, S.S. Coil Road, Thampanoor, Thiruvananthapuram-695 001.

                           (By Adv. Sreevaraham G. Satheesh)

ORDER

SRI. P. V. JAYARAJAN:  PRESIDENT

          This complaint is filed under Sec. 35 of the Consumer Protection Act, 2019 and the matter stood over to this date for consideration.  After hearing the matter this Commission passed an order as follows:

This is a complaint filed by the complainant against the opposite parties alleging deficiency in service on the part of the opposite parties.  After admitting the complaint, notice was issued to the opposite parties to appear before this Commission on 20.12.2023.  When the case came up for consideration on 20.12.2023, the opposite parties entered appearance through counsel and filed vakalath and sought time for filing written version.  All the opposite parties 1 to 3 accepted the notice from this Commission on 28.11.2023.  Though the opposite parties filed vakalath, they failed to file written version within the statutory time limit.  Hence the case was adjourned for filing proof affidavit of the complainant.  When the case came up for consideration today, both parties were represented and submitted that the matter is settled.  A memo of settlement signed by the complainant as well as the opposite parties is also filed before this Commission.  As per the compromise the opposite parties agreed to pay a sum of Rs. 4,99,000/- (Rupees Four Lakhs Ninety Nine Thousand only) without interest or cost to the complainant within 30 days from the date of this order.  It is further agreed that if the opposite parties failed to make payment within 30 days as described above, the complainant shall be at liberty to execute the order of this Commission and in that event the opposite parties shall not be entitled to raise any objections to the execution petition and shall also be liable to pay interest @ 9% per annum on the settled amount from the date of the complaint till the date of payment to the complainant.  The memo of settlement signed by both parties is accepted and recorded.  In view of the settlement arrived at between the parties to the proceedings, we find that this is a fit case to be allowed in terms of the compromise. 

In the result, the complaint is allowed in terms of the compromise.  The compromise memo dated 02.05.2024 shall form part of this order.  There will be no order as to cost. 

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 2^nd day of August 2024.              

              Sd/-

P.V.JAYARAJAN                : PRESIDENT 

               Sd/-

PREETHA G. NAIR           : MEMBER 

             Sd/-

                                                     VIJU V.R                          : MEMBER

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