District Consumer Disputes Redressal Forum-I, U.T., Chandigarh

Execution Application NO. 74  OF  2015

in CC/757/2013

BEFORE:

          RATTAN SINGH THAKUR, PRESIDENT

          SURJEET KAUR, MEMBER

          SURESH KUMAR SARDANA, MEMBER

PRESENT:

Sh.Brijindra S.Bajwa, Counsel for LRs of deceased complainant Din Dyal Singh Bedi.

Accused Sanjeev Garg alongwith his counsel Sh.Kamal Satija, Advocate.

Dated : 29^th October 2018

ORDER

1.        Counsel for LRs of deceased complainant has filed amended title.

2.        Accused Sh.Sanjeev Garg produced in custody by Head Constable namely Ashok Kumar No.1179/CP. Judicial custody warrant does not bear any endorsement of the Officer Incharge of Model Jail, Burail, U.T. Chandigarh. The said jail warrant was addressed to him. At this stage, Head Constable Ashok Kumar apprised and produced photocopy of admission and discharge slip issued by Govt. Medical College and Hospital, Sector 32, Chandigarh. After passing of the order dated 28.10.2018 and handed over the judicial custody warrant alongwith accused, accused taken to the aforesaid hospital as he had complained of chest pain and thereafter admitted and discharged today. Head Constable Ashok Kumar also apprised that Officer Incharge of aforesaid jail refused to accept the warrant as the accused was not physically produced before him.

3.        Counsel for accused has produced demand draft bearing No.955868 dated 29.10.2018 drawn on Kotak Mahindra Bank in the official designation of this Forum of the denomination of Rs.11,05,350/-. Contents of the execution application and calculation sheet perused. It is also admitted on behalf of counsel for LRs of deceased complainant that this is the entire liability which is to be discharged persons by accused as per order 01.01.2015 passed by this Forum in consumer complaint No.757 of 2013. Accused on 28.10.2018 has also applied for bail claiming that he had resigned from directorship on 17.10.2013.

4.        However, he has discharged the liability due under the order of this Forum in the present execution application. He has deposited this amount under protest and will object by way of filing appeal or revision whatsoever is permissible under the law before Hon'ble State Consumer Disputes Redressal Commission, U.T., Chandigarh/appropriate Forum. The liability stood discharged and this demand draft be deposited in the official account of this Forum and then reinvested in fixed deposit receipt for a period of 180 days and amount will not be disbursed to the complainants for next three months. After three months, the amount would be payable to the LRs of deceased complainant i.e. 1/3^rd each on being applied for as per procedure with proportionate interest which is likely to be accrued during this period. In the event of any order received from the Hon'ble State Commission, U.T., Chandigarh or any other superior Court/Forum, it is to be dealt with as per said order. Now accused is to be released. However, paper formalities needs to be done by Officer Incharge Jail concerned viz; admission & at once release per jail warrant dated 28.10.2018. This execution application under Section 27 of the Consumer Protection Act, 1986, is dismissed as satisfied with the above said directions/remarks.

5.        Certified copies of this order be sent to the parties free of cost. Certified copy of this order be also given to the Superintendent, Model Jail, Burail, U.T. Chandigarh, through aforesaid Head Constable Ashok Kumar No.1179/CP. The file be consigned.