Haryana

StateCommission

RP/90/2016

VIJAY SOMANY - Complainant(s)

Versus

RELIANCE GEN.INSURANCE CO. - Opp.Party(s)

KIRPAL SINGH THAKUR

23 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No : 90 of 2016

Date of Institution      : 20.10.2016

Date of Decision        : 23.11.2016

 

Vijay Somany son of Sh. R.D. Somany resident of BH/1/1722, Basant Kunj, New Delhi.

                                      Petitioner- Complainant

Versus

1.      Reliance General Insurance Company Limited, 19, Reliance Centre, Walchand Hirachand Marg, Ballard Estate Mumbai-400001.

2.      Branch Manager, Reliance General Insurance Company Limited, Branch Office, Brass Market, Rewari Tehsil and Distt. Rewari.

                                      Respondents- Opposite Parties.

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Argued by:          Sh. Vishal Somany, Advocate for the petitioner

                              

                                                   O R D E R

B.M. BEDI, JUDICIAL MEMBER

 

Vijay Somany-complainant (petitioner herein) has preferred the present revision petition against the order dated 14.07.2016 passed by District Consumer Disputes Redressal Forum, Rewari (in short, ‘District Forum’) vide which the execution application filed by complainant for enhancement of payment was dismissed.

2.      Complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite parties with allegations that he owned vehicle No. DL-9CG-9923 Skoda octavia. It was insured with opposite parties. It met with an accident on 25.11.2010. Claim being lodged and amount not being paid, complainant filed complaint seeking compensation of Rs.5,95,000/- along with interest at the rate of 24% per annum.

 3.     Opposite parties contested the complaint.  However, District Forum dismissed the complaint after hearing both the parties.  Complainant filed First Appeal No.329 of 2013 before this Commission. The appeal was dismissed vide order dated 23.05.2013.

4.      Complainant preferred Revision Petition before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi. The Hon’ble National Commission vide order dated 13^th August, 2014 allowed the revision petition with following directions:-

“Consequently, revision petition filed by the petitioner is allowed and impugned order dated 23.05.2013 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula in Appeal No.329 of 2013- Vijay Somany Vs. Reliance Gen. Ins. Co. Ltd. and order of District Forum dated 13.03.2013 passed in CC No.356/2011- Vijay Somany Vs. Reliance Gen. Ins. Co. Ltd. is set aside and complaint is partly allowed and respondent is directed to process claim within 30 days and make payment accordingly with interest @12% p.a. from the date of filing of complaint till payment.”

5.      In compliance of the orders of the Hon’ble National Commission, opposite parties-respondents paid the claim to the petitioner-complainant. Complainant filed execution application for enhancement of compensation alleging that since he had sought compensation of Rs.5,95,000/- alongwith interest at the rate of 24% per annum, therefore, the same amount should have been paid by the opposite parties alongwith interest.

6.      District Forum after hearing the complainant dismissed the execution application observing that the amount paid was inconformity with the orders passed by Hon’ble National Commission. Whatever amount was settled and after adding interest as directed by Hon’ble National Commission stand paid to the complainant.  The District Forum could not enhance any amount in execution.  Therefore, the District Forum has rightly dismissed the execution application. No ground to interfere in the impugned order is made out and the revision petition is dismissed.

 

 

Announced 23.11.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

DK