BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Execution Application No. 75 of 2015
Date of Institution: 21.05.2015
Date of Decision: 01.10.2015
Smt.Shashi Seth widow of Sh.Madan Lal Seth, Resident of 232, Green Avenue, Amritsar now resident of 416, Basant Avenue, Race Course Road, Amritsar.
Applicant/ Complainant
Versus
Tata AIG Life Insurance Company Limited, having one of its Branch Offices at District Shopping complex, Ranjit Avenue, Amritsar through its Branch Manager/ Authorized Signatory.
Respondent/ Opposite Party.
Application under section 27 of the Consumer Protection Act, 1986 for execution of order dated 11.02.2009.
Present: For the Applicant: Sandeep Kapoor, Advocate.
For the Respondent: Sh.Mohan Arora, Advocate.
Quorum:
Sh.Bhupinder Singh, President
Ms.Kulwant Kaur Bajwa, Member
Order dictated by:
Sh.Bhupinder Singh, President.
- Smt.Shashi Seth applicant has filed the present execution application under section 27 of the Consumer Protection Act, 1986 for the implementation of the order dated 11.02.2009 passed by this District Forum, Amritsar vide which the Opposite Party was directed to pay an amount of Rs.3,10,000/- alongwith interest at the rate of 9% per annum from the date of repudiation of the claim till the payment of the amount. Opposite Party was also directed to pay Rs.1,000/- as litigation expenses to the complainant and the entire amount was directed to be paid to the complainant within one month from the date of receipt of copy of the order. Opposite Party filed appeal before Hon’ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh, vide First Appeal No. 535 of 2009 which was dismissed by Hon’ble State Commission, Punjab, Chandigarh vide order dated 29.05.2013 whereby upholding the order of this Forum dated 11.2.2009 and directed the Opposite Party to pay the amount as per the order of District Forum, Amritsar, within 45 days of the receipt of the copy of the order of Hon’ble State Commission, Punjab, Chandigarh. As per the order dated 11.2.2009 passed by District Forum, Amritsar, the following amounts were due payable by the Opposite Party.
a) Amount awarded: Rs.3,10,000/-
b) Interest @9% p.a. from 29.5.2008 to 16.3.2015 Rs.1,89,487/-
c) Litigation expenses Rs. 1,000/-
Total= Rs.5,00,487/-
The applicant/ complainant submitted that the respondent/ Opposite Party has not paid the aforesaid amount, so the action under section 27 of the Consumer Protection Act, be taken against the respondent/ Opposite Party.
- Respondent/ Opposite Party appeared through their counsel and filed reply in the form of objections that Opposite Party-Insurance Company filed an appeal against the order dated 11.2.2009 of this Forum before Hon’ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh which was dismissed on 29.5.2013. At the time of filing of the appeal before Hon’ble State Commission, Punjab, Chandigarh, an amount of Rs.25,000/- was deposited by Opposite Party which was received by the complainant alongwith interest from Hon’ble State Commission, Punjab, Chandigarh i.e. an amount of Rs.37,000/- approximately. Later on, the Opposite Party issued cheque No. 278263 dated 3.2.2014 drawn on HDFC Bank, Branch Mumbai amounting to Rs.4,45,221.10 paisa in favour of the complainant and sent the same to the complainant by way of courier. Said cheque has not returned undelivered to the Opposite Party till date, therefore, that cheque might have been received by the complainant. Copy of the said cheque has been produced by the Opposite Party. Therefore, the Opposite Party has already made compliance of the order passed by this Forum dated 11.2.2009. As such, the execution application is liable to be dismissed.
- It may be mentioned here that during the course of proceedings, ld.counsel for the Opposite Party handed over the cheque bearing No. 860963 dated 14.7.2015 for Rs.4,45,221.10 paisa to the ld.counsel for the complainant which was received by the ld.counsel for the complainant on 27.7.2015 in this Forum, under protest, as part compliance of the execution of the order of this Forum dated 11.2.2009 whereas ld.counsel for the complainant submitted that an amount of Rs.30,854/- is still payable by the Opposite Party and in this regard, he produced chart showing the calculation as below:-
Calculation of the due amount upto 15.9.2015.
a) Amount awarded: Rs.3,10,000/-
b) Interest @9% p.a. from 29.5.2008 to 16.3.2015 Rs.1,89, 487/-
c) Litigation expenses Rs. 1,000/-
Total= Rs.5,00,487/-
Less cheque received on 14.7.2015 Rs.4,45,221/-
Less amount received from State Commission Rs. 37,000/-
Add.Interest @ 9% from 17.3.2015 to 14.7.15 Rs. 9,300/-
On Rs.3,10,000/-
Interest @ 9% from 15.7.2015 to 15.9.2015 Rs. 3, 288/-
On Rs.18,266/-
Remaining balance till 15.9.2015 Rs.30,854/-
- We have heard the ld.counsel for the parties and have minutely gone through the record, particularly above said chart presented by the ld.counsel for the complainant.
- Ld.counsel for the Opposite Party could not rebut the aforesaid chart presented by the ld.counsel for the complainant, showing the remaining balance amount payable by the Opposite Party to the complainant amounting to Rs.30,854/- as on 15.9.2015. The Opposite Party could not produce any evidence that they ever sent cheque No. 278263 dated 3.2.2014 drawn on HDFC Bank, Branch Mumbai amounting to Rs.4,45,221.10 paisa in favour of the complainant, which was sent through courier as alleged by the Opposite Party. No receipt of the courier has been produced nor name of the courier agency has been mentioned nor the date on which the said cheque was sent to the complainant through said courier has been mentioned by the Opposite Party. Therefore, the Opposite Party has failed to prove on record that they have sent the said cheque dated 3.2.2014 to the complainant.
- Resultantly, we hold that the respondent/ Opposite Party is liable to pay the balance amount of Rs.30,854/- to the complainant and the respondent/ Opposite Party is directed to pay this amount of Rs.30,854/- to the complainant, within 15 days from today, failing which the complainant shall be at liberty to file fresh execution application under section 27 of the Consumer Protection Act. Copies of this order be furnished to the parties free of cost. File is ordered to be cosigned to the record room.
Dated: 01.10.2015 (Bhupinder Singh) President
(Kulwant Kaur Bajwa)
hrg. Member
