Punjab

Moga

MA/1/2020

Rajiv Kumar - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Sh. Vishal Jain

19 Aug 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, DISTRICT ADMINISTRATIVE COMPLEX,
ROOM NOS. B209-B214, BEAS BLOCK, MOGA
 
Miscellaneous Application No. MA/1/2020
( Date of Filing : 19 Aug 2020 )
In
Complaint Case No. CC/17/55
 
1. Rajiv Kumar
s/o Sh. Rajinder Kansal s/o sh. Madan lal r/o H.No. 755, Sahahj colony, St. No. 1 Backside Geeta, Bhawan, Moga
Moga
Punjab
2. Sandeep Kumar
s/o Sh. Rajinder Kansal s/o sh. Madan lal r/o H.No. 755, Sahahj colony, St. No. 1 Backside Geeta, Bhawan, Moga
Moga
Punjab
...........Appellant(s)
Versus
1. Punjab National Bank
Partap Road,Moga through its Branch Manager
Moga
Punjab
2. The Oriental Insurance Co.
having Regd and Head Office at A-25/27, Asaf Ali Road,new Delhi 110002 through its Manager
New Delhi
New Delhi
3. The Oriental Insurance Co.
SCO-109-111, Sector 17-D, Chandigarh-160017 through its regional Manager
Chandigarh
Punjab
4. The Oriental Insurance Co.
Amoklak Bhawan G.T.Road, Moga throughits Branch Manager
Moga
Punjab
5. M/s Raksha TPA Pvt Ltd
having its office at c/o Escorts corporate Centre, 15/5 mathura Road,Faridabad 121003 9Haryana) having its responsible person
Faridabad
Haryana
...........Respondent(s)
 
BEFORE: 
  Sh.Amrinder Singh Sidhu PRESIDENT
 
For the Appellant:Sh. Vishal Jain, Advocate
For the Respondent:
Sh.P.K.Sharma,Adv.
 
Dated : 19 Aug 2020
Final Order / Judgement

The perusal of the order 09.11.2018 shows that a cheque bearing no.967390 dated 29.10.2018 for Rs.26,089/- payable at State Bank of India in compliance with the order dated 26.02.2018 of Hon’ble State Consumer Dispute Redressal Commission, Punjab, Chandigarh was received from Hon’ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh which was in the favour of District Consumer Disputes Redressal Forum, Moga, and the said cheque  was ordered to be deposited in the relevant account.

As per the office report, the cheque in question was deposited in the relevant account on 12.11.2018.

Thereafter,  against the impugned order dated 25.10.2017 passed by this District Consumer Disputes Redressal Forum, Moga,  the respondent/ JD i.e. Oriental Insurance  preferred  First Appeal No. 17 of 2018 before Hon’ble State Commission, Punjab which was  dismissed vide order dated 26.02.2018 by Hon’ble State Commission, Punjab. The relevant portion of the order dated 26.02.2018 of Hon’ble State Commission, Punjab is reproduced as under:-

14. Sequel to the above, counsel for the appellants was unable to make out any point for admission of the appeal, the same is hereby dismissed in limine.

 

 15. The appellants had deposited an amount of Rs. 25,000/- with this Commission in the appeal. This amount along with interest accrued thereon, if any, shall be remitted by the registry to the concerned District Forum, after the expiry of 90 days, from the despatch of the certified copy of the order to the parties; subject to stay, if any, by the higher Fora/Court; for the release of the above amount and the District Forum may pass the appropriate order in this regard.

16. The counsel for the parties/parties are directed to collect free certified copy of the order from the office of the Commission within a period of 15 days from the date of pronouncement. “

 

Further, as per the office report, no order regarding stay or appeal in this matter, if any, has been received till today.

Not only this, as per the order dated 12.02.2020 passed by this Forum, the Superintendent of this office was directed to make the detailed report to whom the relevant amount is to be made by mentioning all the facts regarding the matter since the date of filing of the complaint as well as execution till its final realization.

In view of the directions passed vide order  dated 12.02.2020, the Superintendent of this Forum made the following report:-

“As per the record a cheque bearing  No. 967390 dated 29.10.2018 for Rs.26,089/- has been received in this office vide letter No. SCDRC/PB/18/1775 dated 2.11.18  payable at State Bank of India, in compliance with the order dated 26.2.2018 of Hon’ble State Commission, Punjab, Chandigarh in appeal No. 17 of 2018 titled as OIC Vs. Rajiv Kumar which was duly deposited in the relevant account as pr the order of this Forum.

Thereafter , Rajiv Kumar and Sandeep Kumar, decree holders have filed an application for making them the supra payment. On the other hand, the JDs/ OPs have not filed any objection in this regard nor ever stated that they have filed any appeal against the impugned order of Hon’ble State Commission, Punjab or not.   

So, before making the payment, the ‘No Objection’ from the other side or confirmation regarding any stay, if any, may please be called.”    

Today, Sh.Pawan Kumar Sharma, Advocate counsel for the JDs/ respondents has appeared and made the following statement:-

“Stated that JDs/ respondents have no objection if the amount of   Rs.26089/- so received from State Commission, be released to the decree holder. In this regard, the JD company has also issued letter.”

 In view of these aforesaid facts  and circumstances and keeping in view the statement of Sh.Pawan Kumar Sharma, Advocate as well as letter issued by JDs/ respondents which is also placed on record, the office is directed to make the relevant payment alongwith interest accrued thereon, to the applicants/ Decrees holder  in equal shares, on proper receipt and identification and thereafter,  the file be consigned to record room. This application be registered as Misc.Application. 

Announced.

Dated: 19.08.2020.    

 

                             (Amrinder Singh Sidhu)

                                                                 President

 

 
 
[ Sh.Amrinder Singh Sidhu]
PRESIDENT
 

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