Haryana

StateCommission

A/194/2015

ANSHU KATARIA - Complainant(s)

Versus

MANOHAR SINGH AND ANR. - Opp.Party(s)

TARUN GUPTA

12 Jan 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                  

                                       First Appeal No.           194 of 2015

                                                Date of Institution        02.03.2015

                                                 Date of Decision                   12.01.2016

 

Anshu Kataria wife of Sh. Anil Kataria, resident of i-G-43, Jawahar Nagar, Sri Ganganagar.

                                      Appellant

Versus

 

1.      Manohar Lal Grover son of Sh. Gurjeet Singh, resident of 19A, New Mandi Sirsa, through

          (i)      Smt. Niranjan Kaur widow of Sh. Manohar Singh Grover, resident of 19A, New Mandi, Sirsa.

          (ii)      Jagat Grover son of late Sh. Manohar Singh Grover, resident of 19A, New Mandi, Sirsa.

 

2.      Kataria Travels through Sh. Hardwari Lal Kataria, Sukharia Circle Sri Ganga Nagar.

Respondents

 

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

                                                                                                               

 

For the parties:   Mr. Tarun Gupta, Advocate for the appellant.

                             Mr. Vikas Kumar, Advocate for the respondent No.1.

 

                                                   O R D E R

 

NAWAB SINGH J, (ORAL)

 

 

          A complaint No.681 of 2002 titled Manohar Lal Grover versus Kataria Travels Private Limited through Sh. Hardwari Lal Kataria was filed under Section 12 of the Consumer Protection Act, 1986 before District Consumer Disputes Redressal Forum, Sirsa (for short, ‘District Forum’). 

2.      Kataria Travels was proceeded ex parte.  The complaint was allowed vide order dated November 24^th, 2005 directing Kataria Travels to pay Rs.1 lac alongwith interest at the rate of 9% per annum from the date of filing of complaint till its realization and Rs.2200/- litigation expenses. 

3.      Manohar Lal Grover-complainant filed execution application before the District Forum.  District Forum issued notice to Anshu Kataria, daughter-in-law of Hardwari Lal Kataria-appellant alleging that bus involved in the accident was transferred in her name.  Anshu Kataria filed objections pleading that Hardwari Lal had no concern whatsoever with the Kataria Travels nor she had inherited any property/bus of Kataria Travels.  The District Forum dismissed the objections and directed Anshu Kataria-appellant to satisfy the order dated November 24^th, 2005 vide impugned order dated January 27^th, 2015.

4.      Aggrieved of the said order, appellant has filed the instant appeal.

5.      Learned counsel for the appellant has urged that at no point of time, Hardwari Lal was owner of Kataria Travels. To prove the same, she has filed search report issued by S.K. Batra and Associates wherein details of the Director past and present of Kataria Travels were mentioned. 

6.      He further urged that in fact another bus No.RJ13PA-0052 owned by Kataria Travels was purchased by the appellant and that is why she has been impleaded as a respondent in the execution application.  Indeed there is no evidence on record to prove that Kataria Travels was inherited by the appellant or she was owner of the offending bus No.DL1PA-6918.

7.      In view of this, order passed by the District Forum directing the appellant to satisfy the order dated November 24^th, 2005 is not justified.  The order under challenge is set aside, of course, with liberty to the complainant to proceed against the owners of Kataria Travels to satisfy the order dated November 24^th, 2005 and the District Forum shall proceed further in accordance with law. 

8.      During the pendency of the execution application, amount awarded was deposited by the appellant in the shape of FDR with the District Forum, be released to her against proper receipt and identification in accordance with rules.      

 

 

January 12th, 2016

Diwan Singh Chauhan Member

B.M.Bedi Judicial Member

Nawab Singh President

 

U.K