Haryana

Karnal

MA/9/2023

Pala Ram - Complainant(s)

Versus

SBI General Insurance Company - Opp.Party(s)

19 Jul 2024

ORDER

Pala Ram Versus SBI General Insurance Company

Present:  DH/complainant in person alongwith Sh. Rohit Gupta, Advocate.

                   Surety Arjun Singh in person.

                        

         File taken up today on an application releasing of awarded amount.

      As per report of Accountant of this Commission, JD has deposited an amount of Rs.19701/- vide Demand Draft bearing No.184171 dated 22.02.2023 in the account of the Commission.

               On the direction, Accountant has placed on file, cheque bearing no.437273 dated 19.07.2024 amounting to Rs.19701/- in favour of the complainant.

               DH/complainant appeared and suffered his separate statement to the effect that he has received a cheque no.437273 dated 19.07.2024 amounting to Rs.19,701/- from this Commission as part payment of awarded amount. He undertakes that if the order of this Commission, is reversed/set aside by the Hon’ble State Consumer Commission, Panchkula and he will be directed to pay the aforesaid amount along with interest, if any, in that eventuality he shall be liable to pay the same. Further, if he failed to deposit the same, in that eventuality, the aforesaid amount shall be recovered from Arjun Singh i.e. agriculture land measuring three acre at Village Manjura, District Karnal, who is his surety. He has placed on file indemnity bond, and copy of Aadhar card.

                   Surety of DH has also suffered his separate statement to the effect that he stood surety, on behalf of decree holder namely, Pala Ram, who is my relative, in the above titled execution. If the order of this Commission, is reversed/set aside by the Hon’ble State Consumer Commission, Panchkula and DH will be directed to repay the awarded amount along with interest, if any, and if he fails to deposit the same, in that eventuality, he shall be liable to deposit the same. He has placed on record, copy of Aadhar card, surety bond and copy of Jamabandi of land belonging to him for the year 2011-2012, situated at Manjura, District Karnal. The market value of the said land is more than Rs.50,00,000/- and the said property is free from all encumbrances. He shall not sell/dispose off the said property till the final disposal of the appeal pertaining to the present execution application pending before the Hon’ble State Commission.

Indemnity Bond and surety bond attested and accepted.

                   Copy of cheque has been placed on record.

                   As per report of Assistant of this Commission, no execution petition has been filed by the DH for executing the award passed by this Commission.

                                Learned counsel for the applicant/complainant has submitted that as per order of Hon’ble State Consumer Commission, applicant/complainant has already received the part payment of awarded amount. He further submitted that till the disposal of the appeal pending before the Hon’ble State Consumer Commission, the present application be adjourned sine-die.

         In view of the above, the present application is adjourned sine die and file be consigned in the record room with the observation that as and when any order will be received from the Hon’ble State Consumer Commission, it will be restored and will be proceeded further in accordance with law.

 

Dated:19.07.2024.            

                     President,

District Consumer Disputes

Redressal Commission, Karnal.

(Vineet Kaushik)       (Saravjeet Kaur) 

    Member                     Member