State Consumer Disputes Redressal Commission
National Insurance Co vs Arvind Pratap Sahi on 11 October, 2023
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/1800/2014 ( Date of Filing : 09 Sep 2014 ) (Arisen out of Order Dated 30/07/2014 in Case No. C/27/2007 of District Kushinagar) 1. National Insurance Co - ...........Appellant(s) Versus 1. Arvind Pratap Sahi - ...........Respondent(s) BEFORE: HON'BLE MR. Rajendra Singh PRESIDING MEMBER HON'BLE MR. Vikas Saxena JUDICIAL MEMBER PRESENT: Dated : 11 Oct 2023 Final Order / Judgement Reserved State Consumer Disputes Redressal Commission U.P., Lucknow. Appeal No. 1800 of 2014 The National Insurance Co. Ltd., Regional Office, Hazratganj, Lucknow through the Manager. ...Appellant. Versus 1- Arvind Pratap Shahi s/o Vijendra Pratap Shahi, R/o Laxmipur Babu, PO, Patherwa, PS, Patherwa, Distt. Kushinagar. 2- Narendra Rai s/o Nathuni Rai, R/o Village, Balua Takia, PO, Patherwa, PS, Patherwa, District, Kushinagar. ..Respondents. Present:- Hon'ble Mr. Rajendra Singh, Presiding Member.
Hon'ble Mr. Vikas Saxena, Member.
Mr. A.K. Singh, Advocate for Appellant.
None for the respondents.
Date: 18.10.2023 JUDGMENT Per Mr. Rajendra Singh, Member: The present appeal has been filed against the judgment and order dated 30.7.2014 passed by the Ld. District Commission, Kushinagar in complaint case no.27 of 2007.
The brief facts of the appeal are that, that the ld. District Commission has erred in entertaining and allowing the complaint of the complainant which is of the nature of FAFO arising out of the judgment of MACT. The complainant has sought enforcement of the judgment and award passed by MACT, Kushinagar which cannot be granted by the ld. District Consumer Commission. Therefore, it is most humbly prayed that this Hon'ble Commission may graciously be pleased to set aside the impugned judgment and order and to allow the appeal.
We have heard the counsel for the appellant Sri A.K. Singh. None appeared for the respondent. We have perused the pleadings, evidence and documents available on record.
We have also perused the judgment of the ld. District Forum. We have also seen the prayer of the complaint.
In the complaint, the complainant has prayed that relief be granted in the light of the judgment of the MACT case no.10 of 2002, order dated 26.9.2006. This relief has been granted by the ld. District Commission, Kushinagar.
The procedure of MACT is different and the consumer court has no power to execute the judgment of MACT. So the present appeal is liable to be allowed and the impugned judgment and order set aside.
ORDER The appeal is allowed. The judgment and order dated 30.7.2014 passed by the Ld. District Commission, Kushinagar in complaint case no.27 of 2007 is set aside.
If any amount is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be returned to the appellant as per rules alongwith accrued interest upto date.
The stenographer is requested to upload this order on the Website of this Commission today itself.
Certified copy of this judgment be provided to the parties as per rules.
(Vikas Saxena) (Rajendra Singh) Member Presiding Member Judgment dated/typed signed by us and pronounced in the open court. Consign to record. (Vikas Saxena) (Rajendra Singh) Member Presiding Member Dated 18.10.2023 Jafri, PA I Court 2 [HON'BLE MR. Rajendra Singh] PRESIDING MEMBER [HON'BLE MR. Vikas Saxena] JUDICIAL MEMBER