Chandigarh

StateCommission

A/238/2018

Apollo Tyres Ltd. - Complainant(s)

Versus

Neelam Devi - Opp.Party(s)

Tarun Gupta, Adv.

28 Feb 2019

ORDER

Vide this order, we are disposing of two appeals bearing No.238 of 2018, filed by Apollo Tyres Ltd. (Opposite Party No.1) and 289 of 2018 filed by Stan Autos Pvt. Ltd.

                        When notice of motion was issued, following order was passed by this Commission on 07.09.2018 :-

                   “As per office report, record of the District Forum has been received.

          At the time of arguments, Counsel for the appellant confined his prayer only qua grant of compensation amount stating that it is on the higher side.

          Notice of motion be issued to the respondents to that limited extent for 11.10.2018.

                   Dasti also.”

                   At the time of arguments, Counsel for respondent No.1/complainant stated that without any fault, the complainant was made to fight this litigation, firstly before the Forum and then before this Commission and, as such, the amount granted towards compensation is perfectly justified. He stated that at the maximum, little amount can be decreased.

                         When we were going to grant an amount of Rs.40,000/- towards lumpsum compensation plus price of the tyre, Sh.Tarun Gupta, Advocate, Counsel for the appellant/Opposite Party No.1 stated that let the lumpsum amount of compensation be awarded, as the Company has shown its inclination to change the tyre even at the first instance before the Forum.

                        After looking into the facts of the case, we are of the opinion that the compensation awarded is on the higher side and accordingly, we decrease it to Rs.21,000/- plus price of the tyre i.e. Rs.4,000/-. To the order passed, Counsel for both the parties have failed to show any opposition.

                        In view of above, this appeal stands disposed of in the aforesaid terms.

                        At this stage, it was brought to our notice that in this appeal bearing No.238 of 2018, the appellant/Opposite Party No.1 (Apollo Tyres Ltd.) had already deposited an amount of Rs.25,000/- with this Commission at the time of filing this appeal.

                        Sh.Tarun Gupta, Advocate, Counsel for the appellant states that let the said statutory amount be released in favour of respondent No.1/complainant, namely, Neelam Devi, to comply the order passed today.

                        Secretary of this Commission is directed to release the amount of Rs.25,000/- alongwith interest, if any, which may have accrued thereupon, in the FDR in the name of Neelam Devi, respondent No.1/complainant, within seven working days from today.

                        In view of order passed today in this appeal, the cross appeal bearing No.289 of 2018 filed by Stan Autos Pvt. Ltd. – Opposite Party No.2 stands disposed of having become infructuous.

                        Let the statutory amount of Rs.25,000/-, deposited at the time of filing cross appeal bearing No.289 of 2018, be released alongwith interest, which may have accrued thereupon in the FDR, in favour of the said appellant/Opposite Party No.2, namely, Stan Autos Pvt. Ltd.

                        Secretary of this Commission is directed to do the needful within 7 working days from today.

                        Copy of this order be placed in the file of cross appeal bearing No.289 of 2018.

                        Certified copies of this order be sent to the parties, free of charge.