Haryana

Yamunanagar

CC/542/2013

Pali Devi W/o Charam Das - Complainant(s)

Versus

Oriental Insurance Company. - Opp.Party(s)

Deepak Verma

17 Feb 2016

ORDER

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR AT JAGADHRI.

                                                                                    Complaint No. 542 of 2013.

                                                                                    Date of institution: 29.07.2013.

                                                                                    Date of decision: 17.02.2016.

             Pali Devi aged about 50 years  widow of late Sh. Charan Dass, resident of village Tejli, Post Office Fetehpur, Tehsil Jagadhri, District                  Yamuna   Nagar.                                                                                                                                                       

                                                                                                                                                 …Complainant.

                                                 Versus

  Oriental Insurance Company Ltd. Jagadhri Road, Yamuna Nagar.

 

                                                                                                                                       …Respondent.

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT.

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Deepak Verma, Advocate, counsel for complainant.

              Sh. Parmod Gupta, Advocate, counsel for respondent.

 

ORDER

 

1.                     Complainant  Pali Devi has filed the present complaint under section 12 of the Consumer Protection Act 1986.  

 2.                    Brief facts of the present complaint, as alleged by the complainant, are that a Motor Accident Claim Tribunal petition bearing No. 43/2009 was filed by Smt. Pali Devi widow of Charan Dass and Vicky son of Charan Dass, Dharamvir son of Charan Dass and Meena daughter of Charan Dass and Reena daughter of Charan Dass which was decided on 18.5.2010 by the Court of Sh. Rajender Geol, MACT Jagadhri by which a sum of Rs. 9,03,000/- was granted. After that insurance company paid the awarded amount in favour of the petitioners but an amount of Rs. 23920/- was deducted on account of TDS. On this, the complainant visited the Manager of the respondent (hereinafter referred as OP) Insurance Company ltd. who told that he will refund the amount if she gave him the PAN number but till date no TDS amount of Rs. 23920/- has been given to her by the Manager of the Insurance Company. Hence this complaint.

3.                     Upon notice OP Insurance Company appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable, no relationship of consumer and supplier between the parties and on merit it has been mentioned that a MACT petition No. 43 of 2009 filed by Pali Devi and others was decided on 18.5.2010 by the Motor Accident Claim Tribunal, Yamuna Nagar and after that an execution bearing No.31/3.8.2010 was filed by the petitioners i.e. Pali Devi and others in which the OP Insurance Company made the payment of awarded amount of Rs. 9,03,000/- vide cheque No. 035498 dated 1.10.2010 drawn on Bank of India, Yamuna Nagar and an interest of Rs. 95,668/- vide cheque No. 035496 was paid to Smt. Pali Devi and others. Besides this, a TDS certificate amounting to Rs. 23917/- which was deducted as per section 194(a) of Income Tax Act was handed over to the learned counsel for the Petitioners Sh. H.S.Sandhu, Advocate on 21.5.2011 and the execution was got withdrawn being fully satisfied and as such the matter has already been decided by the Motor Accident Claim Tribunal, Yamuna Nagar. Hence, the present complaint is not maintainable and liable to be dismissed.

4.                     As the complainant failed to lead any evidence, hence his evidence was closed by court order. However, at the time of filing of complaint, complainant filed his affidavit and documents such as Photo copy of income tax return for the year 2011-12, Photo copy of TDS Form 16-A, Photo copy of PAN card,  Photo copy of death certificate of Charan Dass, Photo copy of applications written to the Oriental Insurance Company with the complaint in support of her complaint.  

5.                     Counsel for the OP Insurance Company stated at bar that he does not want to file any evidence on behalf of OP, hence the evidence of the OP was closed by court order.

6.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file. From the perusal of contents of the complaint and reply filed by the OP Insurance Company and going through the documents filed by the complainant alongwith her complaint, it is evident that Op Insurance company had already handed over the TDS certificate ( form No.16) of Rs. 23913/- to the counsel of the complainant Sh. H.S.Sandhu, Advocate on 21.05.2011 at the time of making the payment of MACT award in the court of Sh. C.L.Mohal MACT, Yamuna Nagar at Jagadhri and further after getting the TDS certificate from the insurance company the complainant had submitted her income tax return for the year 2011-12 with the Income Tax Department which is evident from the documents filed by the complainant alongwith her complaint.

7.                     Hence, we are of the considered view that there is no deficiency in service on the part of OP Insurance Company and the learned counsel for the complainant has totally failed to point out any deficiency in service on the part of OP Insurance Company. However, from the other angle, if there is any grievance to the complainant then he can approach to the Executing Court/ Motor Accident Claim Tribunal from which award was passed.

8.                     Resultantly, we find no merit in the present complaint and the same is hereby dismissed being devoid of any merit. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced: 17.02.2016.

                                                (S.C.SHARMA)                        (ASHOK KUMAR GARG)

                                                MEMBER                                 PRESIDENT