Punjab

Moga

EA/17/26

Pawan Kumar - Complainant(s)

Versus

United India Insurance Co. Ltd. - Opp.Party(s)

Sh. Varinder Garg

19 Feb 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

 

                                                                                        E.A. No. 26 of 2017 

                                                                                        Instituted On: 13.11.2017 

   Decided On: 19.02.2018

 

 

Pawan Kumar, aged about 64 years son of Sh. Bihari Lal, resident of H.No.1125, W.No.14, Near Geeta Bhawan, Moga, District Moga.

…. Decree Holder

 

 

Versus

1.       United India Insurance Co. Ltd, Divisional Office: SCO 72, Phase-9, SAS Nagar, Mohali.  

 

2.       United India Insurance Co. Ltd, Moga, through its Branch Manager, G.T. Road, Shahid Bhagat Singh Market, Moga.

 

                                          ….. Judgement Debtors

 

 

 

Application under Section 25 of the

Consumer Protection Act, 1986.

                                                         

                                     

Coram:      Smt. Vinod Bala, Presiding Member

                   Smt. Bhupinder Kaur, Member

 

Present:       Sh. Varinder Garg, Advocate, Ld. Cl. for DH.             

                   Sh. Pawan Kumar Sharma, Advocate, Ld. Cl. for JDs.

 

 

ORDER

(Per Smt. Vinod Bala, Presiding Member)

1.                The present Execution Application has been filed by DH under Section 25 of the Consumer Protection Act, 1986 (herein after referred to as the Act) against the JDs for the enforcement of the order 12.10.2016 passed by this Forum, in CC No.107 of 2016 titled as Pawan Kumar Vs United India Insurance Co. Ltd.

2.                Vide order dated 12.10.2016 passed by this Forum in complaint no.107 of 2016 titled as Pawan Kumar Vs United India Insurance Co. Ltd,  this Forum had allowed the complaint, operative part of the said order is reproduced as under :-

“The present complaint in hand is hereby allowed and opposite parties are directed to pay Rs.2,63,023/- to the complainant as actual repair charges of his vehicle alongwith interest @ 9% p.a. from the date of filing of present complaint i.e. 10.06.2016 till final realization. Further opposite parties are directed to pay Rs.3,000/-(Three thousand only) as litigation expenses to the complainant. Compliance of this order be made within one month of date of receipt of the copy of this order, failing which, complainant shall be entitled to initiate proceedings under Section 25 and 27 of the Consumer Protection Act.

3.                On 29.11.2017, Sh. Pawan Kumar Sharma, Adv. ld. Cl. for /JDs has moved an application for permission to deposit the awarded amount alongwith cheque of Rs.1,06,643/-. Thereafter on 05.01.2018, ld. counsel for DH has moved an application for releasing the amount deposited by the JDs and accordingly the amount of Rs.1,06,643/- was released to the DH, vide order passed by this Forum and case was adjourned for balance payment. On 30.01.2018, ld. counsel for JDs had filed reply to the execution application stating that the execution application is not maintainable. The JDs have deposited the entire amount as prayed for, in execution application alongwith interest and mentioned the detail of the awarded amount, which is as under:-

Basic                                       Rs.2,63,023/-

Interest                                    Rs.35,735/-

Cost of litigation expenses      Rs.3,000/-

 

Total                                                 Rs.3,01,758/-

                   The JDs mentioned the detail of deposited amount as follows:-

i)       Rs.25,000/- deposited in State Consumer Disputes Redressal Commission, Punjab vide Demand Draft no.035088 dated 02.12.2016.

ii)      Rs.170115/- deposited in the State Consumer Disputes Redressal Commission, Punjab vide Demand Draft no.035157 dated 22.12.2016.

iii)     Rs.106643/- deposited in District Consumer Disputes Redressal Forum Moga vide cheuq no.840108 dated 24.11.2017. Hence the total amount of Rs.301758/- (i.e. Rs.25000/- +170115+106643) is paid. Therefore nothing is due.

                   On merits, it is submitted that the appeal of JDs before Hon'ble State Commission, Punjab, Chandigarh is partly accepted vide order dated 01.09.2017. Moreover, the order dated 01.09.2017 para 8 states that "the opposite parties had deposited an amount of Rs.25,000/- and Rs.170115/- with the commission". The remaining amount was paid in the District Forum, Moga. JDs had paid the whole amount as per the orders of this Forum viz-a-viz of Hon'ble State Commission, Punjab and prayed that the execution application may kindly be dismissed as fully satisfied.

4.                We have thoroughly gone through the file and reply filed by JDs. Perusal of the order passed by this Forum in complaint no.107 of 2016 shows that opposite parties were directed to pay Rs.2,63,023/- to the complainant as actual repair charges of his vehicle alongwith interest @ 9% p.a. from the date of filing of present complaint i.e. 10.06.2016 till realization alongwith Rs.3000/-as litigation expenses. Thereafter, JDs preferred an appeal before the Hon'ble State Commission, Punjab, Chandigarh, vide which the appeal of the JDs/appellants partly accepted and order of this Forum had been modified by giving direction to JDs/appellants to pay the amount of Rs.2,63,023/- as expenses of repair of vehicle with interest @ 9% p.a. from the date of payment of repair expenses by complainant till actual payment. But the order of this Forum dated 12.10.2016 for payment of Rs.3000/- as litigation expenses had not been disturbed. The opposite parties had deposited an amount of Rs.25,000/- at the time of filing of appeal and Rs.1,70,115/- in compliance of the order dated 13.12.2016 passed by Hon'ble State Commission. He also produced receipts on file regarding the deposit of the aforesaid amount. Thereafter, JDs have deposited Rs.1,06,643/- with this Forum on 29.11.2017. In this way, the JDs has deposited total amount of Rs.3,01,758/- with this Forum as well as with Hon'ble State Commission, Punjab, Chandigarh. From the aforesaid amount mentioned above, an amount of Rs.1,06,643/- deposited by the JDs with this Forum has already been released to the applicant/DH vide order dated 05.01.2018.

5.                In view of the aforesaid facts and circumstances, the applicant/DH is advised to take up the matter with the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh for the remaining amount, if any, if he so desire and the present execution application stands dismissed. Copy of the order be supplied to the parties, free of costs and thereafter file be consigned to record room.

Announced in Open Forum.

Dated: 19.02.2018.

 

                                       (Bhupinder Kaur)                             (Vinod Bala)

                                          Member                                      Presiding Member