Orissa

Jharsuguda

EA/2/2023

Sri, Ajit Singh S/O- Durga Prasad Singh - Complainant(s)

Versus

Branch Manager, Insurance Co. ltd, - Opp.Party(s)

13 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, JHARSUGUDA

 

C.C.EXECUTION CASENO.02 OF 2023

ARISING OUT OF C.C. CASE NO. 24/2018.

 

 

Ajit Singh ( 52 Years.),

S/O- Durga Prasad Singh,

R/O: Dipupada, Jharsuguda,

PO/PS/ Dist: Jharsuguda, Odisha………………………………………Complainant.

                         

Versus

1. Branch Manager,

The Oriental Insurance Company Ltd.,

Kalimandir Road, In-front of HP Petrol Pump,

PO: K.M Road, Jharsuguda,

PS/Dist: Jharsuguda.

 

2. Divisional Manager,

Divisional Office of the Oriental Insurance Company Ltd.,

Ashoka Talkies Road, Sambalpur,

PO/PS/Dist: Sambalpur- 768001.

 

3. The Regional Manager,

The Oriental Insurance Company Ltd.,

Alok Bharti Tower, Sahid Nagar,

Bhubaneswar- 751007……………………...………....….……...Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                                   R.K. Dash, Adv.& Associates.

For the Opp. Parties                                    B.K.Purohit, Adv.& Associates.

 

Present:-     1. Smt. Jigeesha Mishra, President.

                     2. Smt. Anju Agarwal, Member.

 

Date of hearing- 28.02.2024                               Date of order- 13.03.2024       

 

Presented by, Smt. Jigeesha Mishra, President : - This execution case was filed under Section-71 and 72 of C.P.Act,2019 arising out of C.C.Case No. 24/2018 wherein the Hon’ble

Commission allowed the complaint of the complainant and directed the Opposite parties Insurance company to pay a sum of Rs.4,65,000/-(Rupees four lakh sixty five thousand) only to the complainant along with interest @ 9% p.a from the date of repudiation i.e. 10.03.2017.  Further the O.Ps Insurance company are hereby directed to pay a sum of Rs.2000/- ( Rupees two thousand) only towards litigation cost to the complainant. The Judgment of the commission was pronounced on dtd. 04.02.2019 by this District Commission, Jharsuguda. The J.dr/ O.P was preferred appeal before the Hon’ble State Commission, Cuttack bearing First Appeal No. 66 of 2019 and the judgment of the Hon’ble Commission was pronounced on dt.31.01.2023 wherein the Hon’ble commission modify the impugned order by directing the opposite party to pay Rs.4,65,000/- with interest @ 7% from the date of impugned order till the date of recovery within a period of 45 days failing which 18% interest will be charged. The rest of the impunged order would remain unaltered. But no any action has been taken from the side of the J.Dr / O.Ps  for which the complainant was bound to file this execution case with a prayer to impose penalty on J-dr/O.P for violation of State Commission order. After lapse of stipulated period on 14.09.2023 the Hon’ble commission directed the J.dr/ O.Ps  to receive two numbers of cheques and complied properly within 15 days of receipt of this order. The J.dr/ O.P was preferred Revision Petition against this commission order dt.14.09.2023 before the Hon’ble State Commission, Cuttack bearing R.P. No. 134 of 2023 and the judgment of the Hon’ble Commission was pronounced on dt.30.10.2023 wherein the Hon’ble commission modify the impugned order dated 31.01.2023 passed by this commission and direct the opposite party-Insurance company to deposit the awarded amount along with interest @7% from the date of the order passed F.A No.66 of 2019 i.e. 31.03.2023 till 31.10.2023 within a period of three weeks of receipt of copy of this order failing which interest @ 18% shall be levied on the awarded amount from the date of award till the date of receipt.

 

            Accordingly, the opposite parties-Insurance company has complied the order of Hon’ble state commission on 23.11.2023. The complainant/ D.Hr receive four number of cheques i.e Rs.4,65,000/- vide Cheque No. 167185 dt.20.11.2023, Rs.107,013 vide cheque No. 167186 dt.20.112023, Rs. 14,981/- vide cheque No.167203 dt.20.11.2023 and Rs.2,000/- vide cheque No. 167217 dt.24.11.2023. The complainant/ D.Hr received Rs.5,88,994/-( Rupees five lakh eighty eight thousand nine hundred ninety four) only in total.

 

            On 23.11.2023 the D.hr/ complainant has filed a petition along with details of calculation of interest and litigations charges  from the date of repudiation from 10.03.2017 to 30.01.2023 @ 7% of Rs.4,65,000/-. The J.dr/O.P seen with no objection.

 

            Heard the learned counsel for the parties, perused the documents filed.  On perusal of the record it reveals that the D.hr/complainant has received 4 nos. of cheques i.e amounting to Rs.4,65,000/- vide Cheque No. 167185 dt.20.11.2023, Rs.107,013 vide cheque No. 167186

 

dt.20.112023, Rs. 14,981/- vide cheque No.167203 dt.20.11.2023 and Rs.2,000/- vide cheque No. 167217 dt.24.11.2023, which shows that the complainant/ D.Hr got Rs.5,88,994/-( Rupees five lakh eighty eight thousand nine hundred ninety four) only in total. As per the order of Hon’ble state Commission in F.A No.66 of 2019 dated 31.01.2023 and R.P. No.134 of 2023 dated 30.10.2023 has already been complied by the O.P-Insurance company. Hence there is no need of further proceeding of the execution case.

 

Accordingly, the execution proceeding is closed.

 

            Order pronounced in the open court today the 13^th day of March ’2024 and copy of this order shall be supplied to the parties as per rule.

   I Agree         

            A. Agarwal, Member                                                 J. Mishra, President.                                                    

                                 Dictated and corrected by me

 

                                      J. Mishra, President.