Haryana

Panchkula

EA/63/2015

SANTOSH. - Complainant(s)

Versus

ORIENTAL INSURANCE COMPANY LTD - Opp.Party(s)

ABHINEET TANEJA.

06 Dec 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PANCHKULA.         

                            

Execution Application No.	:	63 of 2015
Date of Institution	:	15.10.2015
Date of Decision	:	06.12.2016

1.     Santosh W/o Sh.Sultan

2.     Mamta D/o Late Sh.Sultan

3.     Sanjeev S/o Late Sh.Sultan

4.     Suman D/o Late Sh.Sultan

5.     Gaurav S/o Late Sh.Sultan

Complainant No.3 to 5 being minor through their mother-cum-natural Guardian Smt.Santosh.

All R/o House No.1444, Indira Colony, Sector-17, Panchkula.

                                                                                               ….Complainants

Versus

Oriental Insurance Company Limited, SCO No.325, 2^nd Floor, Sector-9, Panchkula (Insurer of jeep bearing Registration No.HR-68-A-5864).

                                               ….Opposite Party

Before:        Mr.Dharam Pal, President.                                                                                   Mrs.Anita Kapoor, Member.

Present:       None for the complainant.

Mr.Sukaam Gupta, Adv., for the Ops.

                

                   Today the execution application was fixed for appearance of complainants through notices which have received back with the report of refusal. After perusal of file reveals that on 29.04.2016, counsel for the Ops had tendered photocopies of two claim disbursement vouchers for the amount of Rs.1,90,000/- and Rs.34,674/- dated 31.03.2016 through a separate statement and the execution application was adjourned for 03.05.2016 for filing objection if any. On 03.05.2016, on the request of the counsel for the complainants, execution application was again adjourned to 23.05.2016. On 23.05.2016, counsel for the complainants as well as counsel for the Ops stated that order under execution has been fully complied with. However, the execution application was adjourned for 09.06.2016 for placing on record the copy of order passed by the Hon’ble State Commission in appeal No.615/2015 titled as The Oriental Insurance Company Ltd. vs. Santosh. On 09.06.2016, counsel for the Ops had placed on record the copy of order dated 07.01.2016 of the Hon’ble State Commission vide which the appeal has been dismissed. On the request of the counsel for the complainants, execution application was adjourned for 05.07.2016, 01.08.2016 and 03.08.2016. On 03.08.2016, counsel for the complainants had withdrawn his power of attorney on behalf of the complainants and the execution application was adjourned for 29.08.2016 for further proceedings. On 29.08.2016, none appeared on behalf of the parties and the execution application was adjourned for 20.09.2016. On 20.09.2016, again none appeared on behalf of the complainants and notices were issued to the complainants for 26.10.2016. On 26.10.2016, again none was appeared on behalf of the complainants and notices were issued to the complainants for today. Today notices were received with the report of refusal. It appears that the complainants are not interested to peruse their execution application and satisfied with the payment made through two claim disbursement vouchers. Keeping in view the above facts and circumstances, the present execution application is hereby disposed off accordingly.

                   A copy of this order be sent to the parties free of costs and file be consigned to record room after due compliance.

 

Dt.06.12.2016                (Anita Kapoor)                                 (Dharam Pal)

                                        Member                                            President