NCDRC

NCDRC

RP/3738/2009

LIC OF INDIA - Complainant(s)

Versus

OM PRAKASH - Opp.Party(s)

M/S. MOHINDER SINGH & CO.

15 Apr 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 3738 OF 2009
(Against the Order dated 21/04/2009 in Appeal No. 2110/2004 of the State Commission Rajasthan)
1. LIC OF INDIAThrough Mr. C. B. Pailwal Secretary LIC of India Central Office Legal Cell H-39, Connaught Place New Delhi -110001 ...........Petitioner(s)
Versus
1. OM PRAKASHTelecom Officers Colony. Jhunujhunu Rajasthan ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Petitioner :M/S. MOHINDER SINGH & CO.
For the Respondent :NEMO

Dated : 15 Apr 2010
ORDER

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Delay of 69 days in filing the revision petition is condoned.

We had directed learned counsel for the petitioner to take instructions to pay Rs.25,000/- to the respondent as ex-gratia payment.  State Commission while dismissal of complaint had awarded Rs.20,000/- as ex-gratia payment.  On being asked as to whether the petitioner is agreed to pay the said amount, learned counsel for the petitioner states that he has received a communication that petitioner has not agreed to pay the ex-gratia as the respondent is a well-off.   This Commission in three Judges Bench in LIC of India Vs. Prahlad Singh & Ors. in RP/858/2009 and connected matters decided on 17.12.2009 has held that the ex-gratia payment can be made only with the consent of payment who has to pay the same.  In view of the aforesaid decision, the State Commission was ordering to pay Rs.20,000/- as ex-gratia cannot be sustained.  Accordingly, the same is set aside.

Revision petition is disposed of accordingly.

 



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER