SURINDER SINGH Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS revision is directed against the order dated 22.10.2002 of Consumer Disputes Redressal Commission Haryana, Chandigarh dismissing R.P. No. 60 of 2001 filed against the order dated 9.3.2001 of a District Forum whereby petitioner was directed to return amount of Rs. 75,760/- with interest @ 12% per annum from the date of filing application under Section 25 of the Consumer Protection Act, 1986 (for short the Act), to the respondent.

(2.) ONLY submission advanced by Mr. R. R. Bansal for petitioner whom we have heard on admission, was that interest @ 12% per annum on the amount of Rs. 75,760/- could not have been awarded as while making statement on 26.9.1994, Shri C. K. Sharma appearing for petitioner had not consented for payment of the interest on that amount he is not in dispute that the claim of petitioner to the tune of Rs. 75,760/- with interest was allowed in the complaint filed against the respondent on 12.9.1994 by the District Forum. Against this order, the respondent filed appeal before State Commission. During the pendency of appeal, a cheque for Rs. 75,760/- was handed over by the respondent before the District Forum to the petitioner after recording the statement said Shri C. K. Sharma on 26.9.1994. This statement as extracted in the grounds of revision which is material, is reproduced thus :