State Consumer Disputes Redressal Commission
Gurmeet Kaur vs M/S Max New York Life Insurance Company ... on 29 November, 2012
2nd Bench
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB
SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.
First Appeal No.1550 of 2012.
Date of Institution: 20.11.2012.
Date of Decision: 29 .11.2012.
Gurmeet Kaur wife of Sh. Jalaur Singh, Resident of H.No.B-V-1306,
Thikriwala Road, Barnala, Tehsil Barnala, District Barnala.
.....Appellant.
Versus
M/s Max New York Life Insurance Company Limited, SCO-6, 22 Acre, Near
Midway Hotel, Now at Bus Stand Road, Prem Pardhan Market, Ist Floor,
through its Branch Manager.
...Respondent.
First Appeal against the order dated
18.10.2012 of the District Consumer
Disputes Redressal Forum, Barnala.
Before:-
Shri Inderjit Kaushik, Presiding Member.
Shri Baldev Singh Sekhon, Member.
...................................
Present:- Sh. Sarwinder Goyal, Advocate, counsel for the appellant.
---------------------------------------- INDERJIT KAUSHIK, PRESIDING MEMBER:-
Smt. Gurmeet Kaur, appellant/Decree Holder (In short "the appellant") has filed this appeal against the order dated 18.10.2012 passed by the learned District Consumer Disputes Redressal Forum, Barnala (in short "the District Forum").
2. Facts as are made out from the appeal file are that the appellant filed Execution Application before the District Forum on 04.10.2012 U/s 25 & 27 of the Consumer Protection Act (hereinafter called "the Act") and the same was disposed of vide the impugned order, giving the respondent 45 days to approach the Hon'ble National Commission and seek extension of time.
3. Aggrieved by the impugned order dated 18.10.2012, the appellant has come up in appeal.
First Appeal No.1550 of 2012 2
4. We have gone through the record of the appeal and have heard the learned counsel for the appellant.
5. The Execution Application No.58/12 was filed by the appellant and the District Forum issued notice to the respondents/Judgment Debtors, holding that the respondent is intentionally disobeying the orders of the District Forum dated 06.12.2006 as well as the orders of this State Commission dated 29.03.2012.
6. The respondent insurance company filed a Revision Petition No.2806 of 2012 titled as "Max New York Life Insurance Co.Ltd. Vs Gurmeet Kaur", and the Hon'ble National Commission vide order dated 7th August, 2012 issued notice and passed the following order:-
"Meanwhile, subject to the petitioner/insurance company depositing half of the awarded amount in the District Forum within a period of four weeks, further operation of the impugned order shall remain stayed. It would be open for the respondent to withdraw the deposited amount on furnishing adequate restitution security to the satisfaction of the District Forum".
7. The District Forum in the impugned order has also mentioned that despite the orders of the Hon'ble National Commission, New Delhi dated 07.08.2012, the accused (respondent/Judgment Debtor) failed to tender the half amount as ordered by the Hon'ble National Commission. As per the orders of the District Forum, it appears that on 18.10.2012, the counsel for the respondent tendered the affidavit and the copy of DDR, stating that the respondent has prepared the demand draft as per the order of the Hon'ble National Commission, for an amount of Rs.1,26,364/- bearing No.159985 dated 14.08.2012 drawn on Axis Bank Limited and sent the same to the advocate. The advocate in his affidavit stated that he inadvertently lost the demand draft and also lodged a report with the police. First Appeal No.1550 of 2012 3
8. During the pendency of this appeal, the respondent insurance company moved an application before the Hon'ble National Commission for seeking additional time to deposit the amount and the Hon'ble National Commission vide its order dated 09.11.2012, extended the time by two weeks for complying with the directions contained in its order dated 07.08.2012, subject to payment of the cost of Rs.5,000/- to be deposited in the Consumer Legal Aid Account of the Hon'ble National Commission.
9. Since, the period of deposit of the amount has already been extended by the Hon'ble National Commission, this appeal has become infructuous and is accordingly disposed of.
10. The arguments in this appeal were heard on 27.11.2012 and the order was reserved. Now the order be communicated to the parties.
11. Copy of the order be sent to the District Forum immediately.
(Inderjit Kaushik) Presiding Member (Baldev Singh Sekhon) Member November 29, 2012.
(Gurmeet S)