Delhi

New Delhi

EA/24/2017

Rekha Bhardwaj - Complainant(s)

Versus

Met Life Insurance - Opp.Party(s)

03 Oct 2018

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.Ex.24/2017                                       Dated:

In the matter of:

Smt. Rekha Bhardwaj,

 

                      VERSUS

PNB Metlife Insurance Co. Ltd.

 

 

NIPUR CHANDNA, MEMBER

O R D E R

By way of this order, we are disposing off the present execution petition filed by the DH.

 

2.     The brief facts are that on 10.08.2018 counsel for JD handed over to the DH a cheque bearing no. 284827 dt. 11.07.2018 for a sum of Rs. 80,284.93 in compliance of the order passed by this Forum. After receiving the cheque counsel for the DH raised the objection and stated that a sum of Rs.85.515/- was still outstanding.  On the contrary, it was stated by the OP that no amount was outstanding and JD has complied the order of this Forum. We have heard the arguments on the above issues and has gone through the statement of accounts filed on behalf of parties.

 

3.     It is stated by the Counsel for DH that firstly, the  interest awarded in the order dt. 10.5.2010 on a sum of Rs. 1,00,000/-  should be calculated from  10.05.2010 to 09.09.2018 i.e receipt of the cheque  which comes to Rs. 1,08,750. Secondly,  the Hon’ble National Commission was pleased to impose the cost on the JD for a sum of Rs. 2000/- and Rs. 10,000/- on two occasions , JD failed to pay the same, hence JD be directed to pay the amount to the DH . It is further prayed as per the two heads mention in the statement of Accounts i.e Interest and cost imposed by Hon’ble National Commission JD be directed to pay the balance amount of Rs. 85,515 .

 

4.     It is stated on behalf of JD that it had deposited a Demand Draft  for a sum of Rs. 1,00,000/- with this Forum on 04.04.2014 in compliance of the interim order of Hon’ble National Commission vide R.P. No. 921/13 , hence it had rightly calculated the interest for the period from 10.5.2010 to 10.04.2014 i.e date of deposit of D.D with this Forum and not liable to pay the interest up to the date of 09.09.2018. It is further stated on behalf JD that since the revision petition filed by it was dismissed by Hon’ble National Commission due to nonpayment of cost , it is not liable to pay the same and prayed that the present execution petition be disposed of as satisfied.

 

5.     We are in agreement with the contention of the Counsel for JD, as the JD had already deposited the D.D. with this forum on 04.04.2018, he is not liable to pay the interest upto 09.09.2018 as alleged by the counsel for DH.  Revision Petition of the JD was already dismissed by Hon’ble National Commission so any further order by this Forum shall tantamount to review the order of Hon’ble National Commission.

 

6.     In view of the above discussion, we are of the considered opinion that the JD had complied the order passed by this Forum. Therefore, we disposed off the present execution petition as satisfied.

 

This order be sent to server (www.confonet.nic.in ). A copy of this order be sent to the complainant free of cost by post. File be consigned to Record Room.

 

(ARUN KUMAR ARYA)

PRESIDENT

               (NIPUR CHANDNA)                                                  ( H.M. VYAS )

                       MEMBER                                                                MEMBER