Revision Petition No. 07/2010. Case: The Oriental Insurance Company Limited Vs Janak Singh and Ors.. Uttaranchal State Consumer Disputes Redressal Commission
| Case Number | Revision Petition No. 07/2010 |
| Counsel | For Appellant: M.K. Kohli, Learned Counsel and For Respondents: N.K. Sarin, Learned Counsel |
| Judges | B.C. Kandpal, J. (President) and D.K. Tyagi, Member |
| Issue | Consumer Protection Act, 1986 - Section 17(1)(b) |
| Citation | II (2015) CPJ 8 (Uttar.) |
| Judgement Date | January 15, 2015 |
| Court | Uttaranchal State Consumer Disputes Redressal Commission |
Order:
B.C. Kandpal, J. (President)
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This revision petition under Section 17(1)(b) of the Consumer Protection Act, 1986 has been preferred by the revisionist - insurance company against the order dated 05.08.2010 passed by the District Forum, Dehradun in Execution Application No. 29 of 2009, whereby the District Forum has directed that since the insurance company is not ready to accept the salvage of the vehicle brought by the applicant - complainant, the cheque of Rs. 2,75,500/- deposited by the insurance company be released in favour of the applicant - complainant. Briefly stated, the facts are that the complainant - Sh. Janak Singh had filed a consumer complaint before the District Forum, Dehradun bearing consumer complaint No. 95 of 2000; Sh. Janak Singh v. Oriental Insurance Company Limited and another. The said consumer complaint was decided by the District Forum per order dated 03.01.2006 and the insurance company was directed to pay the insured amount of Rs. 2,65,500/- to the complainant together with Rs. 10,000/- towards mental agony. The insurance company was given a right to take the salvage of the vehicle from the complainant. Aggrieved by the said order, the insurance company filed an appeal before this Commission bearing First Appeal No. 25 of 2006; The Oriental Insurance Company Limited v. Sh. Janak Singh and another and whereas being dissatisfied with the relief awarded by the District Forum, the complainant also preferred an appeal for enhancement bearing First Appeal No. 24 of 2006; Sh. Janak Singh v. The Oriental Insurance Company Limited and another. Both the said appeals were dismissed by this Commission vide order dated 03.02.2009 and it was also observed that the complainant shall deliver the salvage of the vehicle and hand over the registration certificate and other connected papers of the vehicle to the insurance company within 20 days. Since the order was not complied with by the insurance company and hence the complainant filed an execution application before the District Forum, Dehradun, which was registered as Execution Application No. 29 of 2009.
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In the said execution application, the revisionist - insurance company deposited the cheque of Rs. 2,75,500/- and an application dated 08.07.2010 was moved on behalf of the insurance company that the said amount may not be released in favour of the applicant - complainant till he complies the order dated 03.02.2009 passed by this Commission.
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The District...
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