State Consumer Disputes Redressal Commission
National Insurance Company Ltd. vs Dr.Kulwant Singh on 20 January, 2011
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
S.C.O. NO.3009-10, SECTOR 22-D, CHANDIGARH.
Revision petition No.57 of 2010
Date of institution : 05.08.2010
Date of decision : 20.01.2011
1.National Insurance Company Ltd. Regional Office, SCO No.332-334, Sector 34-A, Chandigarh through its Manager (Legal).
2. National Insurance Company Limited, Jain School Building Mansa through its Branch Manager.
3. Med Save Health Care Ltd.(TPA), SCO 121-123, 2nd Floor, Sector 34-A, Chandigarh through its Manager / Owner / MD.
...Petitioners Versus
1. Dr.Kulwant Singh Owner of M/s Kulwant Nursing Home & Endoscopic Surgical Centre, Water Works Road, Mansa.
2. Kulwant Nursing Home & Endoscopic Surgical Centre, Mansa through its owner Dr.Kulwant Singh.
3. Bhai Ghainhya Sehat Sewa Scheme (BGSSS) (Punjab), Maxpro Info Park, D-38, Industrial Area, Phase-I, Mohali 160 055, through its Branch head / MD/ Director.
...Respondents Revision Petition against the order dated 21.7.2010 of the District Consumer Disputes Redressal Forum, Mansa.
Before:-
Hon'ble Mr.Justice S.N.Aggarwal, President.
Mrs.Amarpreet Sharma, Member. Shri Baldev Singh Sekhon, Member. Present:-
For the petitioners : Sh.B.S.Taunque, Advocate.
For respondent No.1 : Sh.Mukand Gupta, Advocate.
For respondent No.3 : Ex-parte.
JUSTICE S.N. AGGARWAL, PRESIDENT The learned counsel for the appellants submitted that the respondents had filed a complaint against the petitioners in the District Consumer Disputes Redressal Forum, Mansa (in short "District Forum"). The petitioners had appeared. The Court directed the petitioners vide interim order dated 7.7.2010 to deposit cheque amount in the forum within 2 weeks. The petitioners had sent these cheques directly to the complainant / respondent (photo copies of the cheques placed on file). However, learned District Forum vide impugned order dated 21.7.2010 had issued contempt notice to the petitioners for not complying Revision Petition No.57 of 2010 2 with the order dated 7.7.2010. Since the petitioners had already remitted these two cheques dated 28.4.2010 and 13.7.2010 to the complainant / respondent, therefore, the order dated 7.7.2010 stands complied with.
Considered.
The learned Counsel for respondent No.1 admits having received the money in compliance with the order dated 7.7.2010.
Since the petitioners made the payment to the complainant / respondent directly, therefore, the notice issued on 21.7.2010 needs to be discharged.
Accordingly, this revision petition is accepted and impugned order dated 21.7.2010 is set aside.
Learned District Forum is directed to revive the complaint proceedings and disposed of in accordance with law on merits expeditiously.
(Justice S.N.Aggarwal) President (Mrs.Amarpreet Sharma) Member (Baldev Singh Sekhon) Member January 20, 2011.
Davinder