NCDRC

NCDRC

RP/1127/2010

CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. - Complainant(s)

Versus

RAJU NAIDU - Opp.Party(s)

MR. S.M. TRIPATHI & DEEPA CHACKO

06 Aug 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1127 OF 2010
(Against the Order dated null in Appeal No. of the State Commission None)
1. CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.Plot No. 6, 1st Floor, Pusa Road, Karol BaghNew Delhi - 110005Delhi ...........Petitioner(s)
Versus
1. RAJU NAIDURZ-79, Dabri Extension, Main Palam RoadNew Delhi - 110045Delhi ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENT
For the Petitioner :MR. S.M. TRIPATHI & DEEPA CHACKO
For the Respondent :MR. SANJEEV NIRWAMI

Dated : 06 Aug 2010
ORDER

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This revision petition has been filed against the order of the District Forum alleging that the District Forum did not supply the certified copy of the judgment to the petitioner to enable them to file an appeal before the State Commission. Respondent had filed the execution proceedings before the District Forum and was proceeding with the execution. The next date of hearing was 22.03.2010. Counsel for the petitioner tried to get certified copy of the judgment

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but he was informed that the judgment of the District forum was not available on the file.  According to the petitioner, the District Forum was proceeding in a high-handed manner and was trying to execute the decree without providing a copy of the order to them.

Notice was issued to the Registrar of the District Forum concerned.  Shri H. D. Nautiyal, Joint Registrar, was directed to visit the District Forum concerned and take the original file of Complaint No. 991 of 2009 in his possession. As directed by this Commission, Shri Nautiyal visited the office of District Forum 6, K G Marg, New Delhi and took the original file of Complaint No. 991 of 2009 in his possession. The original file contains the office note sheet              page 1 & 2 and record of the judicial proceedings pages 1 to 64 duly paginated by the office of District Forum.

          On perusing the record of the judicial file, it was noticed by         Shri Nautiyal that order dated 20.01.2010 disposing of the complaint was placed on the file from page 1-3 duly signed by the President and one Member, but does not carry the signatures of the third Member – Mr O S Deswal, though his name has been typed in the note-sheet.  Further, it is not clear as to whether the copy of the order

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dated 20.01.2010 disposing of the complaint was sent to both the parties or not as per Regulation 21 of the Consumer Protection Regulations 2005. 

Prima-facie, it seems that without supplying a copy of the judgment, the District Forum is trying to execute the decree initiated by the respondent in Complaint No. 991 of 2009.  The respondent has already received a copy of the order of the District Forum.  On our asking, counsel for the respondent has produced the certified copy of order received by the respondent.  The execution proceedings shall remain stayed till a copy of the judgment is supplied to the petitioner. The executing Court shall not take any action in the execution proceedings for a period 45 days to enable the petitioner to file an appeal before the State Commission.  The District Forum is directed to supply the copy of the order within 10 days of receipt of copy of this order.

          Copy of this order be sent to the President of the State Commission to hold an enquiry and take appropriate action if requires.        

 

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          The original record of the District Forum be returned to the District Forum concerned.

          Nothing stated in this order be taken an expression of opinion.



......................JASHOK BHANPRESIDENT