Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 1239 of 2011

1- Ram Sarekh Singh s/o Late Sri Purshotam Singh,

2- Munna Singh s/o Late Sri Purshotam Singh,

3- Uday Narayan Singh s/o Late Sri Purshotam Singh,

    All are resident Vill, Fatehpur, Tehsil,

    Mohamadabad, Dist. Mau.                            …Appellants.

Versus

1- Branch Manager, National Insurance Co. Ltd.,

    Maunath Bhanjan, Mau.

2- National Insurance Co. Ltd., Regional Office,

    Jeevan Bhawan II, Naval Kishore Road,

    Hazratganj, Lucknow.                                 …Respondents.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Smt. Sudha Upadhyay, Member.

Sri A. K. Mishra, Ld. counsel for the appellants.

Ms. Rehana Khan, Ld. Counsel for the respondents.

Date  30.7.2024

JUDGMENT

Per Sri Sushil Kumar,  Member-   This appeal has been filed against the judgment and order dated 3.3.2011 passed by the Ld. District Forum, Mau in complaint case no.98 of 2006, Ram Sarekh Singh & 2 others vs. National Insurance Co. Ltd., whereby the ld. District Forum by allowing the complaint directed the respondent to pay Rs.2,29,000.00 to the appellant/complainant within one month and further directed to pay interest @ 9% p.a. with simple calculation if amount is not paid within a month.

          Ld. counsel for the appellant argued that the rate of interest must be provided from the date of filing of the complaint and not from the date of the judgment. Hence, this judgment and order be amended upto this extent that the interest must be given from the date of filing of the complaint.

Ld. counsel for the respondents contended that as per the case, DLF Homes Panchkula Pvt. Ltd.  vs. D.S. Dhanda etc. and DLF Homes Panchkula Pvt. Ltd. & anr.  vs. Sudesh Goyal etc., II (2019) CPJ 117 (SC) in which the Hon’ble Supreme Court expressed its opinion that compensation under multiple heads cannot be awarded. Provision of interest do not come under the head of compensation, therefore, this ruling is not applicable in this case.

It is general practice of the District Consumer Commissions and Hon’ble State Commission that usually rate of interest be provided from the date of filing of the complaint and not from the date of judgment. Therefore, the appellant is liable to be allowed.

ORDER

          Appeal is allowed to this extent that interest shall be payable from the date of filing of the complaint and not from the date of judgment. If any amount is deposited by the insurance company, the interest shall not be payable from the date of deposition of the amount.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.        

       (Sudha Upadhyay)                        (Sushil Kumar)                             

                Member                              Presiding Member

Jafri, PA I

Court 2