SRI JIBAN KRUSHNA BEHERA, MEMBER (I/C)
This execution petition arises out of the order of award passed by the Hon’ble State Consumer Disputes Redressal Commission on 17.11.2022 in First Appeal No.207 of 2018 wherein the above named Jdrs/Ops were held jointly and severally liable to pay the Dhr/complainant Rs.2,78,126/- as balance sum assured within 45 days from date of receipt of the order failing which the awarded amount shall carry 9% interest per annum from the date of order till the realization of the entire amount setting aside the order dated 28.3.2018 passed by this Commission in C.C. No.94 of 2014. As the Jdrs have not complied the direction passed by the Hon’ble State Commission, this execution petition has been filed. Hence, this order.
2. The case of the Dhrs, in short, is that they filed the Complaint Case No.94 of 2014 before this Commission against the present Jdrs alleging deficiency in service, which was dismissed on contest against the Jdrs on 28.3.2018. Being aggrieved with the aforesaid order of this Commission, the complainants had preferred F.A. No.207 of 2018 before the Hon’ble State Consumer Disputes Redressal Commission, Odisha, Cuttack. The Hon’ble State Commission, on 17.11.2022, while allowing the appeal, directed the Jdrs/Ops to pay a sum of Rs.2,78,126/- to the complainant as balance sum assured within 45 days from the date of receipt of the order, failing which it shall carry 9% interest per annum from the date of order till the realization of the entire amount and pleased to set aside the impugned order passed by this Commission in the original C.C. No.94 of 2014. The Dhrs have further stated that on receipt of the above order, Jdrs No.1 & 2 transferred a sum of Rs.2,53,959/- to the S.B. Account of the Dhr No.1 and balance amount of Rs.24,267/- has not yet been paid by the Jdrs, violating the order passed by the Hon’ble State Commission in the First Appeal. Hence, this case.
3. The Jdrs No.1 & 2 appeared and filed their show cause. In their show cause, these Jdrs have stated, inter alia, that taking into consideration the order passed by the Hon’ble State Commission, they have paid Rs.2,53,859/- out of Rs.2,78,126/- and the less amount of Rs.24,267/- has been deducted for loan of Rs.14,500/- and interest thereon Rs.9,767/- against policy No.583665879 which has been availed by her earlier. So, the claim as raised by the Dhrs is totally misconceived. Therefore, it is stated that they have no intention to violate the order passed in First Appeal.
4. Jdr No.3 has filed show cause stating that Jdrs No.1 & 2 have paid the entire insurance amount to the Dhrs and the balance amount of Rs.24,267/-, as claimed by them has been paid towards their loan amount. As such, this Jdr No.3 has no role to play in the issue at hand.
5. On perusal of the case record. It is found that the present Dhrs as the complainants filed C.C. No.94 of 2014 before this Commission which was dismissed on 28.3.2018. Being aggrieved with the aforesaid order, the Dhrs have preferred First Appeal bearing No.207 of 2018 before the Hon’ble State Commission which was allowed on 17.11.2022 setting aside the impugned order passed by this Commission with a direction that the Jdrs/Ops to pay a sum of Rs.2,78,126/- to the complainant as balance sum assured within 45 days from the date of receipt of the order, failing which it shall carry 9% interest per annum from the date of order till the realization of the entire amount. The Dhrs have admitted that the OP No.1 & 2 have transferred a sum of Rs.2,53,859/- on 21.12.2022 to the Account of Dhr No.1. It is the claim of the Dhrs that the Ops have paid the total amount of Rs.2,78,126/- as ordered by the Hon’ble State Commission and by deducting Rs.24,267/-, the OP No.1 & 2 have only transferred Rs.2,53,859/-. On the other hand, it is the claim of the OP No.1 & 2 that under the policy No.583665879, they have paid Rs.39,586/- on 6.9.2013 out of Rs.1,26,692/-. Said policy was under loan charge as availed by the deceased life assured on 13.3.2007 for which outstanding loan of Rs.14,500/- and interest thereon Rs.9.767/-, in total Rs.24,267/- was deducted from payable amount of Rs.1,26,267/- from the gross payable amount of Rs.1,26,692/-, the net payable amount is Rs.1,02,425/- and as Rs.39,586/- has already paid on 6.9.2013, balance amount of Rs.62,839/- paid on 21.12.2022 to Dhr No.1, as she was the nominee of the policy in question. On a careful reading of the order passed by the Hon’ble State Commission, it is seen that the quantum of amount has already been fixed to Rs.2,78,126/- to be paid to the Dhrs. In the above premises, it is seen that OP No.1 & 2 have already paid Rs.2,53,859/- in the account of the Dhr No.1 by deducting Rs.24,267/- i.e. outstanding loan amount of Rs.14,500/- plus interest thereon Rs.9,767/-. As it is evident that the life assured, who was the deceased father of Dhr No.1 and deceased husband of Dhr No.2, had taken loan under Policy No.583665879 on 13.3.2007 for which outstanding loan amount was Rs.14,500/- and loan interest thereon Rs.9,767/-, in total Rs.24,267/-. Therefore, in obedience to the order of the Hon’ble State Commission, the OP No.1 & 2 have paid Rs.2,53,859/- out of awarded amount of Rs.2,78,126/- deducting a sum of Rs.24,267/- towards outstanding loan amount and interest thereon. From the above discussions, it is found that the Ops have complied with the order of the Hon’ble State Commission. Therefore, it cannot be said that the Ops have violated the order passed by the Hon’ble State Commission, Odisha. In the above facts and circumstances, the claim of the Dhrs is not at all sustainable in the eye of law.
Hence, it is ordered –
O R D E R
The execution petition filed by the Dhrs be and the same is dismissed on contest against the Jdrs. No order as to costs.
Pronounced in the open court of this Commission, this the 3rd day of September, 2024 under my signature & seal of the Commission.
