E.A. No. 50 of 2016

Mahabir              Vs    UIIC etc.    

Present:       Sh. Satender Ghangas, Proxy Counsel for

Sh. A. Sardana, Advocate for Insurance Company.

                     This execution/application has been filed by the applicant/insurance company for the enforcement of order dated 05.04.2016 passed by Hon’ble State Consumer Disputes Redressal Commission, Haryana, Panchkula, passed in FA No. 1133 of 2014.

                   The applicant has pleaded that a sum of Rs. 7,37,883/- was deposited by the insurance company as per the order dated 06.01.2015 of Hon’ble State Consumer Disputes Redressal Commission, Haryana, Panchkula with this District Forum vide cheque dated 15.01.2015 and has prayed for the refund of said amount alongwith intertest from the date of deposit till date of refund.

                   As per the report of Accountant the said amount has been released in favour of the complainant/DH vide cheque dated 10.02.2015.

                   The present application has been filed by the applicant/insurance company under Section 25 & 27 of the Consumer Protection Act for the execution of the order dated 05.04.2016 of the Hon’ble State Consumer Disputes Redressal Commission, Haryana, Panchkula.  We have perused the aforesaid order of Hon’ble State Consumer Disputes Redressal Commission, Haryana, Panchkula.  The operative part of the said order is reproduced below:-

6. ……. “Hence, impuged order dated 07.05.2014 is hereby set aside.  Appeal is allowed and the complaint is dismissed.

7.       The statutory amount of Rs. 25,000/- deposited at the time of filing of appeal be refunded to the appellant against proper receipt and due verification”.

                    From the perusal of said order there is no order regarding the said amount of Rs. 7,337,883/- for which the present applicttion has been filed by the applicant.  Section 25 & Section 27 of the Consumer Protection Act envisage that the order passed by the Consumer Fora are not complied with then appropriate orders can be passed by the District Forum under the said Sectionns of the Consumer Protection Act.  In these circumstances, the application of the applicant is not maintainable.   The applicant shall be at liberty to take appropriate legal recourse for the recovery of the amount as per the provisions of law, if so advised.  Application disposed of.  File be consigned to the record room.

President,

                                                          District Consumer Disputes

                                                          Redressal Forum, Bhiwani.

                                                                   24.10.2016. 

Member                 Member