Haryana

StateCommission

EA/02/2015

P.D. Memorial Religious & Educational Association - Complainant(s)

Versus

New India Assurance Company Limited - Opp.Party(s)

24 Sep 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Execution Application No.02 of 2015

In

                                                     Complaint No.30 of 2013

                                                     Date of Order : 24.09.2015       

 

P.D. Memorial Religious & Educational Association (Regd.), Registered Office at Village Sarai Aurangabad, Tehsil Bahadurgarh, District Jhajjar (Haryana).

                                      Applicant-Complainant

Versus

 

1.      New India Assurance Company Limited, through Chief Regional Manager, New India Assurance Company Limited, Regional Office, S.C.O. No.36-37, Sector 17-A, Chandigarh.

 

2.      New India Assurance Company Limited, Branch Office at Delhi-Rohtak Road, Bahadurgarh, District Jhajjar.

                                      Respondents-Opposite Parties

 

CORAM:             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:               Shri Vikas Sharma, Advocate for applicant.

Shri Raj Kumar Bashamboo, Advocate for respondents.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

Initially complaint was filed before State Consumer Disputes Redressal Commission, Union Territory, Chandigarh and the same was allowed vide order dated 02.09.2008 granting compensation of Rs.14,20,746/-. Both the parties preferred appeals before Hon’ble National Consumer Disputes Redressal Commission, New Delhi. Hon’ble National Commission set aside the order of State Consumer Disputes Redressal Commission, Union Territory, Chandigarh on short ground of territorial jurisdiction and remanded the case to State Consumer Disputes Redressal Commission, Union Territory, Chandigarh to transfer the same to this Commission for fresh decision.  However, during pendency of appeals before the Hon’ble National Commission, the opposite party/appellant deposited the sum of Rs.14,20,746/- with State Commission, U.T. Chandigarh. This Commission decided Complaint No.30 of 2013 vide order dated 18.12.2013, the operative part of which reads as under:-

“13.   As a sequel to the aforesaid discussions, this complaint is partly allowed.  Opposite parties are directed to pay to the complainant Rs.14,20,746/- alongwith interest @ 12% per annum from the date of filing complaint originally which as per record was filed on 11.04.2008.   The opposite parties are also directed to pay cost of Rs.10,000/- to the complainant.”

2.      The complainant-applicant, has moved an application seeking refund of the amount deposited before State Commission, U.T. Chandigarh.

3.      Shri Raj Kumar Bashamboo, Advocate for the opposite parties has no objection if the amount lying with the State Commission, U.T. Chandigarh is released to the complainant. His statement to this effect has been recorded separately.

4.      In view of the above, the application is disposed of with the direction to the applicant to approach to the Hon’ble State Commission, U.T. Chandigarh to release the amount, where it was deposited as per direction given by Hon’ble National Commission.  

 

Announced: 24.09.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

CL