Haryana

StateCommission

A/1503/2024

BHAGIRATH - Complainant(s)

Versus

DR. BN SHARMA - Opp.Party(s)

ABHIMANU JANGRA

19 Dec 2024

ORDER

Heading1
Heading2
 
First Appeal No. A/1503/2024
( Date of Filing : 26 Nov 2024 )
(Arisen out of Order Dated in Case No. Execution Application No. EA/17/2019 of District Bhiwani)
 
1. BHAGIRATH
VILLAGE SANDWA, TEHSIL TOSHAM, BHIWANI, HARYANA
BHIWANI
HARYANA
...........Appellant(s)
Versus
1. DR. BN SHARMA
SHARMA HOSPITAL, COURT ROAD NEAR OLD BUS STAND, TEHSIL AND DISTRICT BHIWANI
2. THE ORIENTAL INSURANCE COMPANY
NEAR BUS STAND, LOHARU ROAD, CHARKHI DADRI, BHIWANI, HARYANA
BHIWANI
HARYANA
...........Respondent(s)
 
BEFORE: 
  NARESH KATYAL PRESIDING MEMBER
  Suresh Chander Kaushik MEMBER
 
PRESENT:
 
Dated : 19 Dec 2024
Final Order / Judgement

Mr. Bhagirath-appellant in person. 

 

                   As per office report, there is delay of 50 days in filing of this appeal. Application (M.A. No. 2062 of 2024) has been filed to condone the same which is supported by affidavit. In interest of justice, delay in filing of this appeal stands condoned as reasons mentioned in the application and accompanying affidavit do constitute ‘sufficient cause’. Accordingly, M.A. No. 2062 of 2024 is disposed.

                   This appeal has been preferred against the order dated 21.08.2024 passed by learned District Consumer Commission-Bhiwani in Execution Application No. 17 of 2019. Through this order, execution application has been held as not maintainable and thus dismissed.

                   Learned District Consumer Commission-Bhiwani decided complaint No. 180 of 2006 on 07.02.2011 and allowed the same. First Appeal No. 318 of 2011 titled as Dr. B.N. Sharma Vs. Bhagirath was filed against this order (dated 07.02.2011) before this Commission and same was accepted vide order dated 22.08.2012. Impugned order dated 07.02.2011 passed by learned District Consumer Commission-Bhiwani was set aside and complainant’s complaint was dismissed.

                   The Oriental Insurance Company also filed its separate appeal, viz. Appeal No. 396 of 2011 against order dated 07.02.2011 passed by learned District Consumer Commission-Bhiwani. Said appeal was dismissed vide order dated 27.09.2012 by this Commission. Thereafter, office of this Commission through its letter dated 17.07.2024, so addressed to learned District Consumer Commission-Bhiwani has/had already conveyed it to resolve the controversy and decide execution application in view of judgment dated 22.08.2012 passed in F.A. No. 318 of 2011. On force of this letter; learned District Consumer Commission-Bhiwani has ultimately passed impugned order dated 21.08.2024 holding that execution is not maintainable and it has dismissed the same.

                   In wake of above facts, there is no fallacy on the part of learned District Consumer Commission-Bhiwani while dismissing execution petition, by observing that same is not maintainable. This appeal is accordingly dismissed in limni as order dated 07.02.2011 passed by learned District Consumer Commission-Bhiwani has already lost its light of day. It is ordered accordingly.

                   File be consigned to record.

 
 
[ NARESH KATYAL]
PRESIDING MEMBER
 
 
[ Suresh Chander Kaushik]
MEMBER
 

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