Haryana

Bhiwani

ea/17/2019

bHAGIRATH - Complainant(s)

Versus

OIC - Opp.Party(s)

21 Aug 2024

ORDER

Sh. Mahipal Singh Tanwar, Advocate for JD-Oriental Insurance Co.Ltd..

 

1.                 File taken up today from 10.09.2024, on the application of Decree holder.

2.                 During the course of proceedings on 03.06.2024, learned counsel for JD has brought into our notice that the present execution application was filed on 01.04.2019 for execution of the order dated 07.02.2011 passed by District Consumer Forum Bhiwani in case no.180 of 2006 titled Bhagirath Vs. Dr. B.N. Sharma etc. whereby OPs/JDs- Dr. B.N. Sharma and Oriental Insurance Company were directed to pay jointly and severally Rs.1,00,000/- alongwith interest  @ 12% per annum from the date of filing the present complaint till its realization. Further to pay Rs.2200/- as litigation charges. The compliance of the order was to be made within 45 days from the date of order.

3.                 Appeal against the aforesaid order dated 07.02.2011 was filed before Hon’ble State Consumer Disputes Redressal Commission Haryana, Panchkula  by Dr. B.N. Sharma, case titled Dr. B.N. Sharma Vs. Bhagirath  and Oriental Insurance Company, F.A. No.318 of 2011 which was decided on 22.08.2012 wherein, the order passed by the District Forum was set aside and complaint was dismissed. It is pertinent to mention here that dissenting judgment was passed by one of the Hon’ble Member, however, both the judgments were in favour of appellant.  So, the Hon’ble State Commission vide its order dated 23.11.2012 in Appeal No.318 of 2011 opined that ‘the case was referred to the undersigned with observation of dissenting views expressed by two Members. However perusal of judgment shows that though there are some observations by one of the member, however, their result of the appeal is same in the judgment passed by both the Members. Therefore, there being no dissenting judgment, there is no necessity of giving any opinion.’

4.                 Another appeal against the order dated 07.02.2011, was also filed before Hon’ble State Commission by the Oriental insurance Company, case tiled The Oriental Insurance Co. Ltd. Vs. Bhagirath  and Dr. B.N. Sharma, F.A. No.396 of 2011. This appeal was dismissed by the Hon’ble State Commission vide order dated 27.09.2012.

5.                 In the above circumstances, the JD No.2-Oriental Insurance Co. has filed objections that as per decision of F.A. No.318 of 2011 titled Dr. B.N. Sharma Vs. Bhagirath and Oriental Insurance Company, the present execution application is not executable and the same is liable to be dismissed. Therefore, in such a peculiar situation, guidance from Hon’ble State Commission was sought vide letter dated 214 dated 09.07.2024.  

6.                  In response to guidance sought by this Commission, letter No.1161/SCDRC/AIII dated 19.07.2024 has been received from Hon’ble State Consumer Disputes Redressal Commission Haryana, Panchkula, which  diarized  in this office at no.128 dated 22.07.2024 wherein it was mentioned that “Order dated 23.11.2012 passed by Judicial Member, State Consumer Commission, Haryana will prevail because it was passed by the majority of Members and is latest one and as per the said order, observations of the Members were different, but the result of the appeal is same i.e. appeal was accepted and impugned order passed by District Consumer Forum is set aside and complaint is dismissed.’ Therefore, you are advised to resolve the controversy and decide the execution application in view of the judgment dated 22.08.2012 passed in F.A. No.318 of 2021.

7.                 In view of the above, the Hon’ble State Commission Haryana, Panchkula has advised this Commission to resolve the controversy and decide the execution application in view of the judgment dated 22.08.2012 passed in F.A. No.318 of 2021 (it should have 318 of 2011). Since, as per the orders passed in F.A. No.318 of 2011, the order passed by the District Forum was set aside and complaint was dismissed. So, the present execution application is not maintainable and thus is hereby dismissed with no order as to costs. Copies of this order be sent to the parties concerned, free of costs, as per rules, File after due compliance be consigned to the records.

Announced.

Dated:21.08.2024.