Haryana

Karnal

EA/35/2020

Shikha - Complainant(s)

Versus

Max Life Insurance Company Limited - Opp.Party(s)

Rajesh Kumar Mandhan

05 Jan 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION KARNAL.

 

                                                                     Execution No.35 of 2020

                                                                      Date of instt. 09.06.2020

                                                                     Date of Decision: 05.01.2021

Shikha wife of Shri Pardeep Kumar, resident of H.No.113, Ward No.5, Near Ram Leela Ground, Indri, District Karnal.

 

                                                                             …….DH/Complainant

                                      Versus

 

1.       Max Life Insurance Company Limited 90A, Sector-18, Udyog Vihar, Gurgaon 1220015, Haryana through its Managing Director. 

2.       Max Life Insurance Company Near Pathak Hospital, Sector-12, Urban Estate, Karnal, through its Branch Manager.  

 

                                                                   …..JDs/Opposite parties

Execution petition.

 

Before    Sh. Jaswant Singh……President.      

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

Present:     DH in person represented by Shri R.K.Mehla, Advocate.

                   Shri Jasbir Singh, surety of DH.

                   None for JD/OP.

 

          Decree holder and surety of DH appeared.

                    Surety of DH namely Jasbir Singh made a statement that he stood surety on behalf of decree holder Shikha, in the above titled execution application. If the order of this Commission, is reversed/set aside by the Hon’ble State Commission and Mrs.Shikha (decree holder) will be directed to pay the the amount of ₹7,94,629/- along with interest, if any, and if she fails to deposit the same, in that eventuality, he will be liable to deposit the same. He placed on record copy of jamabandi of the land belonging to him being surety and copy of his Aadhar Card.

                   Decree holder also made her separate statement to the effect that she has received a cheque bearing No.366566, dated 05.01.2021, amounting to ₹7,94,629/- from this Commission being awarded amount. If the order of this Commission, is reversed/set aside by the Hon’ble State Commission and if, she will be directed to pay the the amount of ₹7,94,629/- along with interest, if any, and if she fails to deposit the same, in that eventuality, the aforesaid amount will be recovered from her as well as her surety’s property. She placed on record copy of transfer deed of the plot belonging to her as well as her Aadhaar Card. She further stated that she withdraws the present execution application being fully satisfied.         

                   DH has also placed on record copy of her passbook of saving account, wherein her name is mentioned as Sikha, therefore, cheque of awarded amount has been prepared in the name of Sikha.     

       In view of statement of DH, the present execution petition is dismissed as withdrawn being fully satisfied. Parties concerned be communicated of the order accordingly and file be consigned to the record room with the observation that as and when any order will be received from the Hon’ble State Commission, it will be restored and will be proceeded further in accordance with law. Intimation of this order be also sent to the concerned Tehsildars with the direction to incorporate the entry of the land submitted by the decree holder and her surety in the revenue record. Photocopy of jamabandi as well as relinquishment deed be sent with this order to the concerned Tehsildar. Copy of order be given dasti.

Announced:05.01.2021

    President,         

District Consumer Disputes 

Redressal Commission, Karnal.

 

(Vineet Kaushik)              (Dr. Rekha Chaudhary)                         

     Member                             Member