Haryana

StateCommission

TA/01/2016

Brij Mohan - Complainant(s)

Versus

United India Insurance Company Limited Branch - Opp.Party(s)

06 Jun 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

      Transfer Application No. 01 of 2016

   Date of Institution: 10.03.2016

          Date of Decision: 06.06.2016

 

Brij Mohan son of Shri Sohan Lal, Resident of Rohtak Road, Charkhi Dadri, Teghsil charkhi Dadri, District Bhiwani.

                                      Decree Holder

Versus

1. United India Insurance Company Limited Branch Hansi now through its Branch Manager, Bhiwani.  
2. The Divisional Manager, United India Insurance Company Limited, Divisional Office, Hisar now at Rohtak.

                             Respondents-Judgments Debtors

 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

 

 

 

Argued by:                    Shri Brij Mohan-appellant in person.

                             Shri Munish Goel, Advocate for respondents. 

 

 

                                                   O R D E R

 

 

 

 

 

 

 

 

NAWAB SINGH J.

 

District Consumer Disputes Redressal Forum, Bhiwani (for short ‘the District Forum’), has sent a reference No.20 dated February 29^th, 2016 to this Commission to transfer Execution Application No.122 of 2015, titled “Brij Mohan Versus United India Insurance Company Limited and another” to some other District Forum.

2.      The ground mentioned by the President to transfer the execution application is reproduced as under:-

“In view of behave of this applicant who is generally creating nuisance in the court room and dictating this District Forum while passing of the orders or the adjournment of the case. It has become difficult for this District Forum to decide his case on merits. We also request that his case/execution may be transferred to Rohtak or Jhajjar District Forum as per his wishes.”

3.                The facts as emerged from the record are that the complaint filed by Brij Mohan-complainant was allowed by the District Forum vide order dated May 29^th, 2009.  United India Insurance Company Limited (Insurance Company) was directed to pay Rs.17,000/- to the complainant on account of theft of his motor cycle.

4.                Against the said order, complainant filed appeal before this Commission for enhancement of compensation.  The appeal was dismissed vide order dated November 12^th, 2012.

5.                Aggrieved of the aforesaid order, complainant filed revision petition before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi. The revision petition was partly allowed directing the Insurance Company to pay interest at the rate of 9% per annum on the awarded amount of Rs.17,000/- from the date of filing of the complaint till realization. 

6.                The complainant filed execution application before the District Forum.  The Insurance Company deposited Rs.24,026/- towards full and final settlement before the District Forum and requested to disburse the amount subject to the fulfillment of necessary formalities.  The District Forum directed the complainant to complete the formalities vide order dated March 11^th, 2014. 

7.                The complainant filed revision petition against the aforesaid order, which was dismissed by this Commission vide order dated April 28^th, 2014.

8.                Against the aforesaid orders, complainant filed execution revision petition No.89 of 2014 which was decided vide order dated June 08^th, 2015 by National Consumer Commission, New Delhi.  The order of the National Commission is reproduced as under:-

                   “The petitioner is entitled to receive a sum of Rs.17,000/- alongwith the interest @ 9% per annum from the date of filing of the complaint, in terms of order of this Commission.

                   A cheque of Rs.29,026/- has been delivered today to the petitioner in the court.  The balance amount of Rs.5,400/- which would include the cost of Rs.5,000/- imposed on the last date of hearing shall be remitted to the petitioner by way of cheque, within one week from today.”

 

9.                As per reference sent by the District Forum, the Insurance Company has already paid Rs.5153/- and for the balance amount of Rs.267/-, a cheque of Rs.267/- has been delivered to the complainant. Inspite of that, in the execution application before the District Forum, the complainant has claimed Rs.5,66,000/- from the Insurance Company.

10.              The ground on which the transfer of the execution application has been sought by the President is not cogent and convincing.  Only good and sufficient grounds fairly set out in the reference may justify the transfer.  A transfer should not readily be granted for any nuisance created by the litigant. If a litigant is creating nuisance before the present Forum, he may create nuisance before the Forum to which the case is transferred.  Transfer of the case is therefore no remedy.  Transfer on the ground stated is therefore not justified and the request is declined.

 

 

Announced: 06.06.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

CL