NATIONAL INSURANCE COMPANY LIMITED Vs. ASHOK KUMAR MAHAJAN

JUDGEMENT

(1.) THIS is a revision petition filed against order dated 30.9.2004 passed by District Consumer Disputes Redressal Forum -II, U.T., Chandigarh (for short hereinafter to be referred as District Forum) on miscellaneous application moved by the respondent Shri Ashok Kumar Mahajan against the revisionist -National Insurance Company Limited.

(2.) THE District Forum treated the miscellaneous application in the nature of an execution application though the learned Counsel for the respondent/complainant Mr. Rakesh Bhatia, Advocate submitted before us that as a matter of fact it was in the nature of a fresh consumer complaint based on fresh cause of action and the same should have been treated as such by the District Forum. Undoubtedly, the District Forum dealt with the respective cases of the revisionist and the complainant/respondent in detail in the impugned order by making references to the Consumer Complaint No. 169 of 1999, which was partly modified by this Commission vide order dated 2.8.2001 passed in Appeal No. 108 of 2001. Against the order passed in appeal by this Commission, two revisions were filed before the Hon ble National Consumer Disputes Redressal Commission, New Delhi (for short hereinafter to be referred as National Commission). Revision Petition No. 1957 of 2001 was filed by the present revisionist -National Insurance Company Limited (for short hereinafter to be referred as Insurance Company) against Shri Ashok Kumar Mahajan while Shri Ashok Kumar Mahajan filed Revision Petition No. 1961 of 2001 against the same order dated 2.8.2001 passed in the aforesaid Appeal No. 108 of 2001 against the Insurance Company.

(3.) THE two revision petitions came up for hearing before the Hon ble National Commission on 30.4.2002. The Hon ble National Commission partly allowed the revision and held that rate of interest shall be paid @ 9% per annum on the entire amount i.e., Rs. 36,976/ - up to the date of payment in the District Forum and on the balance amount of Rs. 73,024/ - up to the date, it was deposited in the National Commission. The rest of the order of the State Commission was upheld and both revision petitions were disposed of in the above said terms.