H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA.

----

FIRST APPEAL NO.50 OF 2008.

DATE OF DECISION: 23.04.2009.

In the matter of:



M/S Cargo Motors, Phagwara Road, Jalandhar, Punjab, through its Senior Manager (Finance) Sh. I.D. Sharma.

… … Appellant.



Versus



1. M.D. Enterprises through its Proprietor Shri Narinder Sharma son of Shri M.L. Sharma, resident of Village Poliam Purohitan, Tehsil Amb, District Una, H.P.

… … Respondent/complainant.



2. M/S Oriental Insurance Company, Roshan Road, Model Town, Hoshiarpur, Punjab.

… … Respondent/O.P.

3. M/S Tata Motors, Mumbai.

… … Proforma respondent/O.P.

---------------------------------------------------------------------------------------------------------------



Hon’ble Mr. Justice Arun Kumar Goel (Retd.), President,

Hon’ble Mr. Chander Shekhar Sharma, Member.



Whether approved for reporting? No



For the Appellant: Mr. Avtar Manmohan Singh, Advocate,

With Mr. Bhuvnesh Sharma, Advocate.

For the Respondents: Mr. Gulzar Rathore, Advocate,

For respondent No.1.



Mr. Sunil Chaudhary, Advocate,

For respondent No.2.



Mr. J.L. Sharma, Advocate, vice

Counsel for respondent No.3.

---------------------------------------------------------------------------------------------------------------



O R D E R



Justice Arun Kumar Goel (Retd.), President (Oral).





1. When hearing in this case commenced, it was stated on behalf of the appellant as well as respondent No.1 between whom the dispute primarily is, that the parties have settled the matter out of Court and the appeal may be disposed of in terms of the said settlement.



2. According to learned Counsel for the parties, compensation assessed by the District Forum below may be reduced to half, half in favour of the respondent No.1 and the remaining half may be ordered to be refunded in favour of the appellant. Similarly, regarding cost, it was stated that it may be reduced accordingly. Though on behalf of the appellant it was urged that interest may be completely waived of. However, we feel that interest of justice will be well served if it is reduced to 6% on half of the amount payable to the respondent No.1. Ordered accordingly.



3. In view of the aforesaid agreement between the appellant on one side and respondent No.1 on the other, while partly allowing this appeal, order passed by the District Forum below in Consumer Complaint No.86/2006 on 29.1.2008 is modified in the following terms:-



(i) The respondent No.1 is entitled to compensation of Rs.25,000/- only with interest @ 6% per annum from the date of filing of the complaint i.e. 12.10.2006 till the date of payment/deposit whichever is earlier, cost ordered by the District Forum is reduced to Rs.1,000/-; and



(ii) The entire balance amount will be payable to the appellant.





Appeal stands disposed of in these terms by an agreed order, leaving the parties to bear their own costs in this appeal.



All interim orders passed from time to time in this appeal shall stand vacated forthwith.



Since the matter has been settled amicably, as such it is ordered that office will remit Rs.25,000/- with 6% interest and cost of Rs.1,000/- as also the total interest accrued on this sum up-to-date to Shri Narinder Sharma son of Shri M.L. Sharma, Proprietor of M/S M.D. Enterprises, respondent No.1 and the entire balance amount also with up-to-date interest accrued on it will be remitted by the office to the appellant.



Learned Counsel for the parties have undertaken to collect copy of this order free of cost from the Court Secretary in accordance with Rules.



Shimla,

April 23, 2009.

( Justice Arun Kumar Goel ) (Retd.)

President





( Chander Shekhar Sharma )

/BS/ Member.



Appeal No.50 of 2008.





23.4.2009.



Present: Mr. Avtar Manmohan Singh, Advocate,

With Mr. Bhuvnesh Sharma, Advocate,

For the appellant.



Mr. Gulzar Rathore, Advocate,

For respondent No.1.



Mr. Sunil Chaudhary, Advocate,

For respondent No.2.



Mr. J.L. Sharma, Advocate, vice

Counsel for respondent No.3.

---------



Vide separate order of the date, appeal is disposed of.









( Justice Arun Kumar Goel ) (Retd.)

President





( Chander Shekhar Sharma )

/BS/ Member.