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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
K.S. Chaudhari, Presiding Member
New India Assurance Co. Ltd. —Appellant
versus
Konark Wood Panels Ltd. & Ors. —Respondents
First Appeal No.7 of 2010
(Against the Order dated 10/09/2009 in Complaint No.9/1995 of the State Commission Maharastra)
Decided on 24.3.2015
For the Appellant:Mr. P.K. Seth, Advocate
For the Respondent Nos.1 & 2:Mr. Uday B. Wavikar, Mr. Vikas Nautiyal, Advocates with Mr. Venkatesh Mishra, Advocate
For the Respondent No.3:Mr. Siddharth Sangal, Advocate
For the Respondent No.4: Nemo/Ex-parte.
IMPORTANT POINT
All parties agree, matter remanded back to decide afresh after giving opportunity of being heard both parties, after considering all evidence and objections.
Headnote:Consumer Protection Act, 1986 — Section 15, 17, 19 & 21 — Complaint — Allowed partly by State Commission — All parties agree to remanded back matter to State Commission — HELD — Registry directed to refund statutory amount deposited by appellant in appeals — State Commission further directed to refund amount deposited by Insurance Co. in pursuance to order passed by Commission with interest accrued, if any. [Para 7]
Result: Appeals allowed
Both appeals arise out of single order; hence, decided by single order.
2. Learned State Commission vide order dated 10.09.2009 allowed complaint of the complainant partly and directed Insurance Co. to pay Rs.3,85,172/- as compensation with interest and further directed to pay Rs.4,000/- as cost.
3. Learned Counsel for the complainant submitted that learned State Commission has not considered all the evidence filed by complainant, hence, impugned order be set aside and matter may be remanded back to the learned State Commission. Leaned Counsel for the Insurance Company submitted that all objections raised by Insurance Co. have not been dealt by learned State Commission and in such circumstances, his appeal may be allowed and matter may be remanded back to the learned State Commission for hearing afresh. Learned Counsel for the State Bank of India submitted that he has no objection in case matter is remanded back to the State Commission.
4. As all the parties agreed that impugned order be set aside and matter may be remanded back to learned State Commission to decide it afresh after considering all the evidence lead by the parties and all objections raised by OP, I deem it appropriate to set aside impugned order.
5. Consequently, FA No.415/2009 - Konark Wood Panels Ltd. Vs. New India Assurance Co. Ltd. and F.A. No.7 of 2010 - New India Assurance Co. Ltd. Vs Konark Wood Panels Ltd. against the impugned order dated 10.9.2009 are allowed and order dated 10.9.2009 in CC No.9/95 is set aside and matter is remanded back to learned State Commission to decide the matter afresh after giving an opportunity of being heard to both the parties after considering all the evidence lead by the complainant and objections raised by Ops.
6. Parties are directed to appear before the learned State Commission on 6.5.2015.
7. Registry is directed to refund statutory amount deposited by the appellant in both the appeals. State Commission is further directed to refund amount deposited by Insurance Co. with State Commission in pursuance to order dated 17.2.2010 passed by this Commission along with interest accrued, if any.
Appeals allowed
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