Haryana

StateCommission

CM/91/2015

Maha Singh - Complainant(s)

Versus

Mukesh Goel - Opp.Party(s)

18 Aug 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                      

                              Civil Miscellaneous Application No.91 of 2015

                            In Appeal No.                                   1848 of 2008

Date of Institution                            30.07.2015

                             Date of Decision                                       26.08.2015

 

 

Maha Singh (since deceased) son of Joga Singh, Village Garhi Asadpur, Tehsil and District Sonepat now represented by his sons (i) Anil Kumar and (ii) Satpal.

Applicants-Complainant

 

V E R S U S

 

Mukesh Goel son of Sh. Jagdish Rai, Director of Delta Insecticides Private Limited, 1509, M.I.E, Bahadurgarh, Haryana.

                                      Appellant-Opposite party

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.

                                                                                                               

For the parties:   Mr. Vishal Nehra, Advocate for Anil Kumar and  Satpal- applicants, sons of  Maha Singh-complainant (since deceased)

 

                                                   O R D E R

 

NAWAB SINGH J, (ORAL)

 

1.                Ram Kishan and others-complainants filed separate complaints No.44 to 56, 104 to 111 of 2007 under Section 12 of the Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Forum, Sonepat against Delta Insecticides Limited, Bahadurgarh and another.  The complaints were allowed by order dated January 04^th, 2008. 

2.                Aggrieved of the order, Delta Insecticides Limited-opposite party filed appeal before this Commission, which was dismissed vide order dated August 14^th, 2012.

3.                Complainants filed execution application before the District Forum.  Vide orders dated July 30^th and September 08^th, 2008 warrant of arrest were issued against the Managing Director of opposite party. 

4.                Against the orders of the District Forum, Mukesh Goel, Director, Delta Insecticides Limited-opposite party filed revision petition No.203 of 2008 before this Commission. During the pendency of the revision petition, in compliance of the order of this Commission dated November 26^th, 2008, opposite party deposited Rs.8,11,000/- before this Commission. By order dated August 14^th, 2012 the revision petition was dismissed.   

5.                Ram Kishan –complainant No.1 filed civil miscellaneous application No.424 of 2012 before this Commission for releasing of the amount deposited by opposite party.  Vide order dated January 07^th, 2013 the deposited amount of Rs.8,11,000/- was ordered to be transferred to the District Forum with the direction to disburse the amount to the Decree Holders-complainants against adequate surety and indemnity bonds. 

6.                Maha Singh, one of the complainant has died on October 12^th, 2010.  The District Forum returned the demand draft of Rs.61,000/- to this Commission. 

7.                Anil Kumar and Satpal-applicants, legal representatives of Maha Singh-complainant (since deceased) have filed the instant application to release the amount of Rs.61,000/- lying deposited with this Commission.   Applicants have placed on record succession certificate dated November 26^th, 2014 issued by the court of Additional Civil Judge, Senior Division, Sonepat.

8.                In this view of the matter, the amount of Rs.61,000/- be released to the applicants against adequate surety, proper receipt and identification in accordance with rules.

9.                Disposed of accordingly.

 

August 26th, 2015

Urvashi Agnihotri Member

B.M.Bedi Judicial Member

Nawab Singh President

 

 

U.K