State Consumer Disputes Redressal Commission
National Isurence Comppany Ltd vs Rita Devi on 24 August, 2022
C.M. NO.205 OF 2021 IN NIC LTD VS. RITA DEVI
FIRST APPEAL NO.659 OF 2006 24.08.2022
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
HARYANA, PANCHKULA
Date of Institution: 24.08.2021
Date of final hearing:24.08.2022
Date of Pronouncement: 24.08.2022
Civil Miscellaneous Application No.205 of 2021 in
First Appeal No.659 of 2006
IN THE MATTER OF
National Insurance Company Limited, Regional Office at SCO
No.332-334, Sector 34-A, Chandigarh through its duly Authorized
Signatory.
(Through : Shri Nitin Gupta, Advocate)
....Applicant/Appellant
Versus
Rita Devi wife of late Shri Pawan Kumar, resident of D-4/138, Darwa,
Village Fatehpur, District Yamuna Nagar.
....Respondent/Complainant
CORAM: HON'BLE MR. JUSTICE T.P.S. MANN, PRESIDENT
MS. MANJULA, MEMBER
Present: Shri Nitin Gupta, counsel for the appellant/applicant.
None for non-applicant/respondent
ORDER
PER: T.P.S. MANN, J.
1. This application has been preferred by the opposite party seeking refund of statutory amount of Rs.25,000/- deposited by the opposite party at the time of filing of the appeal.
ALLOWED Page 1 of 3
C.M. NO.205 OF 2021 IN NIC LTD VS. RITA DEVI
FIRST APPEAL NO.659 OF 2006 24.08.2022
2. The appeal preferred by the opposite party/appellant was dismissed by the State Commission. However, no order/direction was passed regarding statutory amount of Rs.25,000/-.
3. According to the applicant/appellant, it has fully satisfied the award by depositing a sum of Rs.1,32,659/- with the District Consumer Commission. As such, the applicant is entitled to seek refund of the statutory amount of Rs.25,000/-. In support of his stand, counsel for the applicant/appellant has referred to photocopy of the application dated 11.05.2006 filed by the applicant while depositing the awarded amount of Rs.1,32,652/- vide cheque bearing No.135993 dated 10.05.2006 drawn on UCO Bank, Yamuna Nagar with interest.
4. It may be mentioned here that the Registry has made an endorsement on the present application to the effect that the aforesaid statutory amount was deposited in F.A. No.659 of 2006 vide challan No.30 dated 06.05.2006 and the same has not been refunded till date.
5. Notice of the application was issued to the respondent. Pursuant to the same, Shri Shrey Vasudev, Advocate put in appearance on behalf of the respondent and filed the memo of appearance. He however stated that on the adjourned date, he shall file the Power of Attorney.
6. Subsequently, none appeared on behalf of the non- applicant/respondent.
7. In view of the above, case is made out for directing the refund of statutory amount of Rs.25,000/- as the complainant has received the entire awarded amount alongwith interest.
ALLOWED Page 2 of 3
C.M. NO.205 OF 2021 IN NIC LTD VS. RITA DEVI
FIRST APPEAL NO.659 OF 2006 24.08.2022
8. Resultantly, the application is accepted and the statutory amount of Rs.25,000/- be refunded in favour of the applicant/appellant against proper receipt and identification and as per rules.
9. A copy of this Order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.
10. File be consigned to record room along with a copy of this Order.
(T.P.S. MANN) PRESIDENT (MANJULA) MEMBER Pronounced On:24.08.2022 (U.K) ALLOWED Page 3 of 3