Orissa

StateCommission

A/14/2018

Chief Manager, LIC of India - Complainant(s)

Versus

Sri Nirmal Charan Naik - Opp.Party(s)

M/s. R.K. Pattnaik & Assoc.

10 Mar 2021

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/14/2018
( Date of Filing : 11 Jan 2018 )
(Arisen out of Order Dated 20/10/2017 in Case No. CC/167/2015 of District Baleshwar)
 
1. Chief Manager, LIC of India
Balasore Branch, Ps- Town, Balasore.
2. The Divisional Manager, Life Insurance Corporation Ltd.
Cuttack Divisional Office, Jeevan Prakash, Post Box No. -36, Cuttack-753001.
3. The Zonal Manager, LIC of India
Jeevan Deep Building, 6th Floor, Exhibition Road, Patna-800001.
...........Appellant(s)
Versus
1. Sri Nirmal Charan Naik
S/o- Late Bhaskar Chandra Nayak, At/Po-Sovarampur, Ps-Sahadevkhunta, Balasore.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 
PRESENT:M/s. R.K. Pattnaik & Assoc., Advocate for the Appellant 1
 M/s. S.J. Mohanty & Assoc., Advocate for the Respondent 1
Dated : 10 Mar 2021
Final Order / Judgement

                         

               Heard the learned counsel for the appellant.  He moved the interim petition vide Misc.Case No.468/2020 by stating that the order of the learned District Forum has been complied on payment of decretal amount of Rs.1,36,760/- to the complainant on transfer through NEFT on 14.10.2020. He submitted that same order has been complied. Appellant  does not want to proceed with the appeal but the statutory amount may be directed to be refunded and to direct the learned District Forum to return Rs.1,00,000/- with accrued interest thereon as it was deposited by virtue of this Commision on 07.06.2018 so as to  stay the execution case before the learned District Forum.

2.             Heard the learned counsel for the appellant. Perused the petition and other materials on record. The operative portion of  order dtd.07.06.2018 passed by  this Commission is as follows:-

                   Xxx                     xxx                xxx

     “ Considering the submissions and the facts and circumstances of the case, we direct that the further proceeding in Execution Case No.11 of 2018 arising out of C.C. No.167 of 2015 pending before the District Forum, Balasore shall remain stayed till further orders subject to deposit of rs.1.00 lacs by the appellants/petitioners before the executing forum. The amount so deposited shall be kept in a fixed deposit account initially for a period of three months in any nationalized bank with automatic renewal facility and same shall not be released in favour of either of the parties without leave of this Commission.”

3.                  In view of the aforesaid provisions the OP has already deposited  Rs.1,00,000/- before the learned District Forum. It further shows from the  documents annexed to the interim petition that through NEFT they have transferred Rs.1,36,760/- to the respondent/complainant. Also they have produced the copy of the attached vouchers also signed by the complainant. The impugned order appears to have been complied by the present appellant, learned counsel for the appellant does not  want to proceed  with the appeal. Therefore, the appeal is disposed of being withdrawn.

4.        As per prayer of the appellant, the deposit of Rs.1,00,000/- with accrued interest be refunded to the appellant by the learned District Forum on proper identification.

                The appeal  is disposed of accordingly.

                 Free copy of this order be supplied to the respective parties.

                 DFR be sent back forthwith.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 

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