ANIL SETHI Vs. PRESIDENT CONSUMERS PROTECTION DISTRICT FORUM

JUDGEMENT

(1.) Anil Sethi, Senior Manager, Punjab National Bank, Branch Office Surya Nagar, Agra in his personal capacity as also in his official capacity as Senior Manager of the said Branch of the Bank are the two petitioners in this writ petition filed under Article 226 of the Constitution of India: The opposite parties are the President, Consumers Production District Forum, Agra, the National Insurance Company Limited, Agra and one Shri Surendra Singh a resident of Agra. The challenge in this writ petition is extended to the order dated 14-12-1995 Annexure-7 to the writ petition whereby the petitioners have been asked by the District Forum's President to show cause by personally presenting himself on 5-1-1996 why order under Section 27 of the Consumers Protection Act 1986 (for short the Act) be passed against the petitioner Anil Sethi for having, wilfully flouted the directions contained in the order of the District Forum dated 20-12-1994.

(2.) The facts lie in a very narrow compass. The aforesaid Surendra Singh, had made a complaint before the President District Forum on certain allegations which has been disposed of by the aforesaid order dated 20-1-1994. It was directed that National Insurance Company should pay Rs. 73,000.00 and odd with interest at the rate of 18% from 15-10-1989 along with Rs. 5,000.00 as damages. It appears that the Insurance Company did not comply with the said directions whereupon in execution an order was passed by the President of the District Forum on 4-11-1994. This order contained certain directions to be followed by the Punjab National Bank Branch Office. By the show cause notice impugned in this writ petition the view taken by the Forum is that by the inaction on the part of the Bank inspite of the order dated 4-11-1995 a cause for issuing a show cause notice under Section 27 of the Act has been made out.

(3.) National Insurance Company ,however, preferred an Appeal in the meantime before the State Forum and the following interim order has been passed in the said Appel."National Insurance Co. Ltd.Surendra Singh27-11-1995Having hued Shri A. K. Mittal, Advocate, for the appellant we direct issue of notice of the appeal the application to condonation in delay in its presentation and the stay application to the respondent on 26-4-1996. We also direct that if within a month from today the applicants pay to the complainant a sum of Rs. 5,000.00 awarded as compensation by the District Forum and deposit the remaining amount due from then in the form of a F. D. R. of a Nationalised Bank in favour of the President of the District Forum and valid for 27 months, further execution proceedings in respect of the order under challenge in the appeal shall remain stayed till orders to the contrary by the Commission.Put up the appeal on the date.Sd /- (Member)"