Circuit Bench Nagpur

StateCommission

RBT/A/19/110

Divisional Manager Oriental Insurance Company Ltd Amravati - Complainant(s)

Versus

Ramkrushna Murlidhar Shinde - Opp.Party(s)

Adv V D Pedhekar

13 Jan 2020

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
First Appeal No. RBT/A/19/110
In
First Appeal No. A/19/110
 
1. Divisional Manager Oriental Insurance Company Ltd Amravati
Division office at Rajapeth Badnera Rd Amravati Tq Amravati
Amravati
Maharashtra
...........Appellant(s)
Versus
1. Ramkrushna Murlidhar Shinde
age 38 yrs occ Business Tours and Travel Business r/o Saroj Colony Shubharambha Residency no 2 flat no 303 Amravati Tq Amravati
Amravati
Maharashtra
2. Unnati Motors through Manager
B 27 Coopertive Industrial Estate Saturna Badnera rd Amravati
Amravati
Maharashtra
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. U.S. THAKARE PRESIDING MEMBER
 HON'BLE MR. A.K. ZADE MEMBER
 
For the Appellant:
For the Respondent:
Dated : 13 Jan 2020
Final Order / Judgement

Per Smt. U.S. Thakare, Hon’ble Presiding Member

  1. Adv. Mr. Alaspurkar is present for appellant. Respondent Mr. Ramkrushna Murlidhar Shinde is present along with advocate Mr. Sadhwani. Application is moved by both parties to dispose of appeal in terms of settlement and order to that effect is requested.
  1. Terms and conditions are verified from both parties. They admit terms of settlement to be true and correct and  ready to act upon consent terms.
  1. Consent terms are signed by Mr. Vijay S. Joshi for Oriental Insurance Company and by respondent No. 1 and counter signed by their advocates. As per consent terms, settlement is arrived for the amount of Rs. 2,45,000/-. Respondent/complainant is ready to accept amount of Rs. 2,45,000/- towards consumer dispute/claim. The appellant is ready to hand over the amount to the respondent. The respondent has to pay loan amount to Cholamandalam Investment and Finance Company Ltd. The appellant is ready  with cheque of Rs. 1,60,000/- which is to be paid to Cholamandalam Investment and Finance Company Ltd. Officer Miss Ashwini Kalamkar on behalf of Cholamandalam Investment and Finance Company Ltd. is present. Cheque bearing No. 543868 for  Rs. 160000/-   is given to  Miss Ashwini Kalamkar as per request of complainant/respondent No. 1. Cheque of Rs. 85,000/- is  also given to complainant/respondent No. 1. Both parties to file copies of cheques on record.
  1. Consumer dispute is settled between the parties outside the Commission. Hence the appeal deserves to be allowed in terms of settlement. In the result, we pass the following order.

ORDER

  1. Appeal is allowed in view of settlement between parties.
  2. Order passed by learned District Consumer Forum in Complaint Case bearing No. 90/2017 on 14/02/2019  is hereby  set aside. Consumer complaint is disposed of in view of settlement terms.
  3. Settlement terms be treated as part and parcel of this order.
  4. Amount paid by the appellant while obtaining stay be returned to the Oriental Insurance Company Ltd.  with interest after due acknowledgment
  5. No order as to cost.
 
 
[HON'BLE MRS. U.S. THAKARE]
PRESIDING MEMBER
 
 
[HON'BLE MR. A.K. ZADE]
MEMBER
 

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