State Consumer Disputes Redressal Commission
M/S Carnation Auto India Pvt.Ltd. vs Manoj Kumar on 9 March, 2016
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH Appeal No. : 34 of 2016 Date of Institution : 20.01.2016 Date of Decision : 09.03.2016 M/s Carnation Auto India Pvt. Ltd., Regd. Office : 11/03, 2nd Floor, East Patel Nagar, New Delhi Corp. office : A-110, Sector 5, Noida - 201301 through its Authorised Signatory. ......Appellant. Versus Manoj Kumar, H.No.6595, Sector 56, UT, Chandigarh. M/s United India Insurance Company Limited, SCO No.123-124, Sector 17-B, Chandigarh, through its Area Manager. ....Respondents. BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT. SH. DEV RAJ, MEMBER.
SMT.PADMA PANDEY, MEMBER.
Argued by:
Ms. Geeta Gulati, Advocate for the appellant.
Sh. Arihant Goyal, Advocate for respondent No.1/complainant.
Sh. D.P.Gupta, Advocate for (newly added) respondent No.2.
PER JUSTICE JASBIR SINGH (RETD), PRESIDENT (ORAL) At the time of arguments, it is stated by Ms.Geeta Gulati, Advocate, Counsel for the appellant that the appellant will not be in a position to further repair the car, in question, as directed by the Forum, as it has closed its workshop in Chandigarh.
2. At this stage, it is stated by Counsel for respondent No.1/complainant that under above circumstances, he will not press for further repair, as directed by the Forum, if the amount payable to the appellant against repairs already effected is paid by the Company to him.
3. To the said prayer made, no objection has been made by Counsel for the appellant.
4. It is agreed by Counsel for respondent No.1 / complainant and Counsel for the Company (respondent No.2) that for the loss, in question, the amount due to the extent of Rs.68,558/- shall be paid by the Company to the complainant within 4 weeks from today. On payment so being made qua the loss, in question, claims of all the parties i.e. appellant, complainant and the Company shall stand settled qua the loss involved in this case.
5. So far as payment of compensation and litigation expenses are concerned, it is stated by Counsel for the appellant that an amount of Rs.11,000/- is lying deposited with the office of this Commission and the balance amount towards compensation and litigation expenses, the appellant shall make payment within one month from today.
6. The amount lying deposited with the office of this Commission be released in favour of the complainant/respondent No.1 on moving an application.
7. With the aforesaid observation, this appeal stands disposed of.
8. Certified copies of this order be sent to the parties, free of charge.
9. File be consigned to the record room, after completion.
Pronounced March 09, 2016.
[JUSTICE JASBIR SINGH (RETD.)] PRESIDENT (DEV RAJ) MEMBER (PADMA PANDEY) MEMBER Rb