Punjab

Ludhiana

EA/15/16

Iqbal Singh - Complainant(s)

Versus

National Insurance Co Ltd - Opp.Party(s)

15 May 2015

ORDER

Iqbal Singh Khurana vs. National Insurance Company Limited

29.4.2015

Present:       Sh.P.S.Batra, Adv. for applicant.

                   Sh.D.R.Rampal, Adv, for respondent.

                   Arguments have been heard on the objection filed by the respondent. It is averred that the complaint No.485 dated 23.6.2010 was allowed by this Hon’ble Forum directing the OP to settle and pay the claim of the complainant amounting to Rs.9,38,405/- as assessed by the surveyor in his report and for not settling and deciding the matter, the OP was burdened with Rs.8000/- as compensation and Rs.2000/- of litigation expenses. It was further ordered that order be complied with within 45 days of the receipt of the order, failing which, interest @9% p.a. from the date of filing the complaint will be payable. The OP was not satisfied with the order passed by this Hon’ble Forum and it preferred FAQ No.201 dated 31.1.2011 before the Hon’ble State Commission, Chandigarh and complainant also preferred FAO No.406 dated 4.3.2011 for enhancement of the amount awarded by this Hon’ble Forum and both the appeals were consolidated and were disposed off by one judgment/order dated 19.5.2014 by Hon’ble State Commission and at the time of filing the appeal before the Hon’ble State Commission, the OP deposited Rs.25,000/- with the Hon’ble State Commission. The Hon’ble State Commission ordered that Rs.25,000/- deposited by the OP in FAQ No.201 dated 31.1.2011 alongwith interest which has accrued thereon if any, be remitted by registry to complainant no.1 by way of cross cheque/demand draft after expiry of 45 days under intimation to District Consumer Forum. The said amount of Rs.25,000/- is adjustable one. The appeals filed by the parties are the continuity of the complaint and were decided on 19.5.2013. The Hon’ble State Commission directed that order of the Consumer Forum dated 6.1.2011 be complied with within 45 days from the receipt of copy of order passed by Hon’ble State Commission. So that condition to deposit of payment remained intact as appeals were finally decided by Hon’ble State Commission vide order dated 19.5.2014. The complainant was also not satisfied with the order dated 6.1.2011 passed by this Hon’ble Forum and for that reason, they have filed FAQ No.406 dated 4.3.2011 before the Hon’ble State Commission. The certified copy of the order dated 19.5.2014 passed by Hon’ble State Commission was prepared and delivered on 12.6.2014. On receipt of the copy of the said order, the OP adjusted the amount of Rs.25,000/- deposited with Hon’ble State Commission on 31.1.2011 vide receipt dated 31.1.2011 at the time of filing FAQ No.201/2011, the remaining payable amount comes to Rs.9,13,405/- and in that amount, compensation of Rs.8000/- and Rs.2000/- as litigation expenses were added and cheque for RS.9,23,405/- dated 10.7.2014 was prepared by the OP and the same was deposited with this Hon’ble Forum vide receipt dated 6.1.2011 passed by this Hon’ble Forum. The notice of the said application was given to the complainant for 25.7.2014 and that amount was received by the complainant from this Hon’ble Forum without any protest and objection and said MA No.117/2014 has been disposed off by this Hon’ble forum vide order dated 25.7.2014. Now, the complainants are stopped by their own act and conduct from filing this execution application and they are not entitled to any interest. The order dated 6.1.2011 passed in this complaint has been complied with by the OP within stipulated period of 45 days from the receipt of the copy of the order passed by Hon’ble State Commission and Ops are not liable to pay any further amount. The complainants are not entitled to alleged Rs.3,32,717/- as prayed for in execution application. The orders were passed by the Hon’ble State Commission vide order dated 19.5.2014 and the copy of the same was received on 12.6.2014 and the orders were to be complied with upto 26.7.2014 by the OP without interest. The orders were complied with on 11.7.2013 within 30 days of the receipt of the copy of the order passed by the Hon’ble State Commission, well within stipulated period. The execution application is neither verified nor supported by any affidavit and on this score also, the same is liable to be dismissed.

                   In reply to the objections, it has been submitted by the applicant that the OP with deliberately and with malafide intention mis interperated the orders of the State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The first appeal No.201 of 2011 filed by the J.D.National Insurance Company Limited was dismissed on 19.5.2014 and the State Consumer Disputes Redressal Commission, Punjab, Chandigarh has not granted any further time of 45 days to the J.D., thus the order passed by this Hon’ble Forum was confirmed and was to be complied with by the OP/ JD, as such, the objections are devoid on merits and are liable to be dismissed outrightly.

                   Perusal of the record reveals that the complainant had filed a complaint No.482 dated 23.6.2010 before this District Forum which was allowed on 6.1.2011, vide which, OP was directed to settle and pay the claim of the complainant amounting to Rs.9,38,405/- as assessed by the surveyor in his report and for not settling and deciding the matter, OP was further burdened with Rs.8000/- for harassment and Rs.2000/-(Two thousand only) for litigation expenses. Order was to be complied within 45 days of receipt of copy of this order, failing which, the complainant will be entitled to 9% interest from the date of filing the complaint till payment. Against the said order, both the complainant as well as OP had preferred the appeals i.e. FAQ No.406 of 4.3.2011 filed by the complainant and FAQ No.201 dated 31.1.2011 filed by the OP which were filed before the Hon’ble State Commission, Punjab, Chandigarh. Both the aforesaid appeals were consolidated and were dismissed by the Hon’ble State Commission, Punjab, Chandigarh vide order dated 19.5.2014 without any further observation. Respondent/Op was required to comply with the order of this District Forum in toto. This District Forum had clearly directed the OP to pay a sum of Rs.9,38,405/- as assessed by the surveyor in his report and Rs.8000/- as compensation and Rs.2000/- as litigation expenses and the order was to be complied within 45 days of receipt of copy of the order, failing which, the complainant will be entitled to 9% interest from the date of filing the complaint till payment.

                   Since, the payment was made by the respondent/OP in July, 2014, whereas the amount of interest was not paid by the respondent/OP in compliance of the order dated 6.1.2011. So, objection filed by the respondent appears to be devoid of any merit and the same is hereby dismissed. Since, the respondent was liable to pay interest @9% from the date of filing the complaint till payment. As such, respondent is directed to pay the amount of interest @9% which become payable to the complainant on account of interest from 23.6.2010 till the date of payment which has been deposited by the respondent with this District Forum. As such, present execution application stand disposed with the direction to the respondent to pay the amount of interest aforesaid within 30 days from the date of receipt of copy of this order. Copy of order be supplied to the parties free of costs. File be consigned to record room.

 

                   (Babita)                (Sat Paul Garg)              (R.L.Ahuja)

                   Member                Member                         President