AI Structured Summary
Not yet generated for this judgment
Judgment
ABOVE noted appeal has been filed by the Appellant/Opposite Party against order dated 28.3.2014 passed by State Consumer Disputes Redressal Commission, West Bengal (for short, ''State Commission '') in (Execution Application No.09 of 2013).
ON 5.5.2014, when the appeal came up for hearing, Mr. Dikshabrata Chowdhari, Advocate had appeared for Oriental Rubber Works/Complainant on its own. Thereafter, matter was adjourned to 12.5.2014 for admission hearing. On that date, Mr. V.S. Chopra, Advocate for appellant appeared, whereas none appeared for Oriental Rubber Works, even the matter was passed over twice. Arguments advanced by learned counsel for appellant have been heard and we have perused the record.
THE Complainant filed a Consumer Complaint (No.06 of 2007) before the State Commission against the appellant, since the insurance claim was not settled.
APPELLANT contested the complaint. The State Commission vide its order dated 28.11.2008 while allowing the complaint, directed the appellant; ''''to pay the amount of loss assessed by the Surveyor to the complainant against the insurance policy, Rs.20,000/ - as compensation and Rs.2,000/ - as costs within a period of two months from the date of this order. In case the OPs fail to comply with the above direction, the complainant will be entitled to recover the entire amount in accordance with law alongwith interest @ 10% per annum for the entire period of default till realization. ''''
BEING aggrieved, appellant filed (First Appeal No.23 of 2009) before this Commission. On 27.1.2009, while issuing notice to the respondent, this Commission passed following interim order; ''''In the meantime, subject to the appellant, without prejudice, depositing 50% of the awarded amount with the State Commission within a period of four weeks from today, the operation of the impugned order shall remain stayed. Respondent shall be free to withdraw the deposited amount on furnishing adequate security for restitution of the amount, to the satisfaction of the State Commission. ''''
IN pursuance of the above order, appellant deposited a sum of Rs.16,95,977/ - (Rupees sixteen lakh ninety five thousand nine hundred seventy seven only) with the State Commission. This fact has been admitted by the complainant in its Execution Petition by stating that ''''the amount deposited by the appellant is still lying with State Commission ''''. Thereafter, vide order dated 7.5.2013 passed by this Commission, the (First Appeal No.23 of 2009) was finally disposed of by observing as under; ''''We therefore uphold the order of the State Commission and dismiss the present First Appeal. Appellant/Insurance Company is directed to pay the Respondent a sum of Rs.33,91,954/ - as the loss assessed by the Surveyor alongwith Rs.20,000/ - as compensation and Rs.2,000/ - as costs within a period of two months, failing which the amounts shall carry interest @ 10% for the period of default. ''''
SINCE , appellant did not comply the order dated 7.5.2013, the complainant filed an execution application before the State Commission praying that in view of the non -compliance of the order passed by this Commission, warrant be issued against the Senior Divisional Manager of the Appellant Company.
IN reply, appellant stated that a sum of Rs.16,95,977/ - is to be deducted from the amount claimed from the appellant. Further, interest is to be calculated from 8.7.2013 and not from December, 2008, as wrongly calculated by the complainant. The State Commission, while disposing the execution application in its impugned order held; ''''The Dhr. has submitted a calculation assessing interest @ 10% from December, 2008, whereas the calculation sheet filed by the Jdr. has been made showing that payment of such interest would be effective from 07.07.2013, which is found to be in accordance with the order dated 07.05.2013 passed in the First Appeal No.23/2009 by the Hon''ble National Commission, wherein it was stipulated, amongst others, that the interest @ 10% shall be for the period of default, which will take effect after two months. Regarding the less 50% deposited amount shown in the calculation sheet of the Jdr., it cannot be given benefit to the Jdr. as the same has been deposited in the name of the Commission, for which the Jdr. may approach the Hon''ble National Commission for refund/release. Accordingly, the Jdr. is directed to pay to the Dhr. Rs.33,91,954/ - being the loss assessed by the Surveyor along with Rs.20,000/ -as compensation and Rs.2,000/ - as costs, and also interest @ 10% on such amounts from 07.07.2013 till the date of payment. Fix 11.04.2014 for payment by the Jdr. to the Dhr. ''''.
IT has been contended by the counsel for the appellant that since a sum of Rs.16,95,977/ - has already been deposited with the State Commission on 16.2.2009, the appellant is liable to pay only, the balance amount of Rs.18,03,937/ -, as per calculation (placed at page 32 of the paper book).
IT is an admitted fact that appellant had deposited a sum of Rs.16,95,977/ - with the State Commission, in terms of order dated 27.1.2009 passed by this Commission. Accordingly, we direct the Appellant/ Insurance Company to comply with order dated 28.11.2008 passed by the State Commission forthwith. However, appellant shall get adjustment for the sum of Rs.16,95,977/ -, already deposited by it, with the State Commission on 16.2.2009. With these observations, the impugned order stand modified to this extent and present appeal stand disposed of accordingly.