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HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA
P.S. Rana, President, Vijay Pal Khachi, Member
RAJNESH TANDON - Appellant
Versus
ORIENTAL INSURANCE COMPANY LIMITED - Respondent
First Appeal No. 237 of 2017
Decided On : 05-07-2018
For the Appellant :Mr. Swaran Sharma and Mr. Peeyush Verma, Advocates.
For the Respondent:Mrs. Seema Sood, Advocate.
The legal obligation of the non-executant to comply with the final order and return the amount received during the pendency of the proceedings.
Headnote:
Consumer Protection Act, 1986 - Execution Petition - Section 27A - Oriental Insurance Company Limited v. Rajnesh Tandon - Section 27A of Consumer Protection Act, 1986
Fact of the Case:
The case involved an appeal filed under Section 27A of the Consumer Protection Act, 1986 against an order passed by the Executing Forum in Execution Petition No. 33/2017A. The dispute arose from a consumer complaint filed by Rajnesh Tandon against Oriental Insurance Company, seeking payment for an insurance claim related to a vehicle accident.
Finding of the Court:
The court found that the appeal was not maintainable as the order passed by the Hon’ble National Commission had attained finality, and the non-executant was under a legal obligation to comply with the order and return the amount received from the Insurance Company during the pendency of the proceedings.
Issues: The main issue was whether the appeal filed by the appellant was maintainable, and the court also considered the legal obligation of the non-executant to comply with the order and return the amount received during the pendency of the proceedings.
Ratio Decidendi: The court held that the proceedings under Section 27 of the Consumer Protection Act, 1986 are punitive and governed by the Code of Criminal Procedure, 1973. It emphasized the legal obligation of the non-executant to comply with the final order and return the amount received during the pendency of the proceedings.
Final Decision: The appeal was dismissed, and the order passed by the Executing Forum was affirmed. The parties were directed to appear before the Executing Forum for the disposal of the execution application within two months.
ORDER :
Mr. Justice P.S. Rana, President—Present appeal is filed under Section 27A of Consumer Protection Act, 1986 against order dated 2.8.2017 passed by learned Executing Forum in Execution Petition No. 33/2017A filed under Section 27 of Consumer Protection Act 1986 titled Oriental Insurance Company Limited v. Rajnesh Tandon.
Brief facts of execution petition:
2. Shri Rajnesh Tandon filed consumer complaint No. 477/2002 under Section 12 of Consumer Protection Act, 1986 before learned District Forum which was decided on dated 3.12.2004. It is pleaded that complainant was owner of Tata Sumo Maxi Cab bearing registration No. HP-2-8314 which was insured with opposite party and vehicle met with accident on dated 30.7.2001. It is further pleaded by the complainant that Insurance Company pressurized complainant to accept sum of Rs. 76,000 (seventy six thousand) as full and final settlement and threatened the complainant that in case complainant refused to give consent then Insurance Company would not pay any amount to the complainant. It is pleaded that complainant had given consent to receive amount of Rs. 76,000 (Seventy six thousand) but even thereafter payment was not made and claim was repudiated by Insurance Company vide letter dated 3.7.2002. Complainant sought relief for payment of Rs. 2,80,000 (Two lacs eighty thousand) along with interest and costs of litigation.
3. Complaint was contested by Insurance Company. Insurance Company pleaded that complainant did not submit original driving licence to the Insurance Company despite issuance of many registered letters. It is pleaded that claim was repudiated by Insurance Company because original licence of the driver was not produced.
4. Learned District Forum on dated 3.12.2004 ordered Insurance Company to pay Rs. 2,04,788 (Two lacs four thousand seven hundred eighty eight) to the complainant along with interest @12% per annum w.e.f. date of filing of complaint till actual payment. In addition learned District Forum ordered that Insurance Company would also pay litigation costs to the tune of Rs. 2,500 (Two thousand five hundred). In addition learned District Forum further ordered that opposite party would pay amount within a period of forty five days from the date of receipt of copy of order.
5. Feeling aggrieved against order dated 3.12.2004 passed by learned District Forum Oriental Insurance Company filed Appeal No. 50/2005 before H.P. State Consumer Commission and H.P. State Consumer Commission vide order dated 6.12.2006 partly allowed the appeal and reduced interest from 12% per annum to 9% per annum and affirmed rest of the order passed by learned District Forum.
6. Thereafter feeling aggrieved against order passed by H.P. State Consumer Commission Oriental Insurance Company filed Revision Petition No. 1569 of 2007 before Hon’ble National Commission and Hon’ble National Commission vide order dated 25.3.2014 allowed the revision petition and set aside the orders passed by State Commission and District Forum and dismissed the consumer complaint filed by complainant.
7. Thereafter Oriental Insurance Company filed M.A. No. 31 of 2015 under Section 144 of CPC for restitution of amount paid by Insurance Company to non-executant during pendency of proceedings and on dated 26.7.2016 learned Executing Forum ordered that complainant is under legal obligation to repay the money withdrawn by complainant from State Commission. Learned Executing Forum issued arrest warrant against complainant through Superintendent of Police, Shimla returnable for 30.8.2016. Learned Executing Forum mentioned in order that various opportunities were given to non-executant to make the payment but non-executant did not pay amount. Thereafter complainant/non-executant namely Shri Rajnesh Tandon filed Revision Petition No. 37 of 2016 before H.P. State Consumer Commission and same was disposed of on dated 29.4.2017 by State Commission. On dated 29.4.2017 State Commission ordered that Oriental Insurance Company will f
