District Consumer Disputes Redressal Commission-I, U.T., Chandigarh

Miscellaneous Application No.91  OF  2023

in CC/14/2015

BEFORE:

          PAWANJIT SINGH, PRESIDENT

          SURJEET KAUR, MEMBER

          SURESH KUMAR SARDANA, MEMBER

PRESENT:

Sh.J.C.Kapoor, Advocate, Applicant/Complainant in person.

Dated :  29^th December 2023

ORDER

1.   Office report seen. Heard. Be registered. The present miscellaneous application has been filed by applicant/complainant for release of amount of Rs.1,75,000/- deposited by OP with this Commission vide miscellaneous application No.109 of 2015 order dated 07.12.2015. It is stated in the application that complaint of the complainant bearing No.14 of 2015 was partly allowed by this Commission vide order dated 13.10.2015. Appeal No.311 of 2015 was preferred by OP and the same was dismissed by the Hon’ble State Consumer Disputes Redressal Commission, U.T. Chandigarh vide order dated 05.01.2016. The OP then went in revision before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi by filing Revision Petition No.1028 of 2016. The Hon’ble National Consumer Disputes Redressal Commission vide order dated 25.04.2016 stayed the operation of the impugned order subject to deposit of 50% of the awarded amount, but the OP failed to deposit the said amount and consequently conditional stay was vacated by the Hon’ble National Consumer Disputes Redressal Commission vide order dated 05.04.2023 and the complainant was given liberty to proceed for execution as per law.

2.   We have perused the case file. As per office report, amount of Rs.1,75,000/- is lying in the shape of FDR.

3.   It is not disputed that conditional stay granted by the Hon’ble National Consumer Disputes Redressal Commission has been vacated vide order dated 05.04.2023 as the OP Insurance Company failed to deposit 50% of the awarded amount as per directions of the Hon’ble National Consumer Disputes Redressal Commission. Vide order dated 15.12.2023 passed in miscellaneous application No.623 of 2023, the Hon’ble State Consumer Disputes Redressal Commission, U.T. Chandigarh, has already ordered for release of amount of Rs.25,000/-, being statutory amount for entertaining appeal, in favour of complainant. Since at present there is no stay, there is no legal impediment in releasing the amount of Rs.1,75,000/- to the applicant/complainant, subject to an undertaking by the applicant/complainant that he will abide by the final outcome of Revision Petition No.1028 of 2016 titled “Oriental Insurance Co. Ltd. Vs J.C.Kapoor” pending before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi.

4.   The applicant/complainant has given his undertaking in writing that he will abide by the final outcome of Revision Petition No.1028 of 2016 titled “Oriental Insurance Co. Ltd. Vs J.C.Kapoor” pending before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi.

5.   In view of above, it is ordered that the amount of Rs.1,75,000/-, which was deposited with this Commission and lying in the shape of FDR, alongwith upto date interest thereon, be transmitted in the bank account of the applicant/complainant, on furnishing the bank account details/particulars by the applicant/complainant. Office to take necessary action for release of the amount. Office should ensure the correctness of the bank account details/particulars of the applicant/complainant before getting the amount transferred in his account. The present miscellaneous application stands disposed of accordingly. A copy of this order be placed on the execution application file bearing No.EA/48/2023.

6.   Certified copies of this order be sent to the parties free of cost. The file be consigned.