RAJESH SIKARIA Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Complainant is the appellant who has preferred this appeal against the order dated 2.9.2003 passed in Execution Case No.53 of 2001 by the District Forum, Patna, whereby the execution proceeding has been dropped to complete the compliance of the order of the District Consumer Forum.

(2.) The brief fact of the case is that the appellant has filed Execution Case No.53/2001 before the District Forum, Patna for implementation of the order dated 18.12.2000, passed in Complaint Case No.25/98. In the complaint case the District Consumer Forum has directed the appellant (National Insurance Co.) to make payment of Rs.1,00,000/- (Rs. one lac) with interest @ 18% from the date after three months of filing the complaint petition till the date of payment (vide Annexure I ). The respondent Insurance Company paid the petitioner (complainant) the decretal amount of Rs.1,00,000/- with 12% interest and not @ 18%, as per order of the District Forum. Therefore, the order of the District Forum was not complied with totality. Thereafter the complainant filed the present execution case before the District Forum for implementation of the order of Forum in totality. The District Consumer Forum after hearing the parties dropped the execution proceeding on the plea that the complainant has received the amount from the respondent in full and final settlement. In support of this contention, the complainant placed reliance on the decision of the Hon'ble National Commission in the case of National Insurance Company Ltd. V/s. New Bharat Rai Mills, 1997 2 CPJ 77, where it has been held that even if the discharge voucher showing full and final settlement executed by the appellant after the orders of the learned Court below, respondents are bound to comply with the order in execution case in totality. Therefore, in view of the decision of the National Commission, orders passed by the District Forum is bad in law.

(3.) The respondant Insurance Company appeared and filed written statement stating therein that the order of the District Forum is in accordance with the settled law. The judgment debtor had written to the decree-holder that he had agreed with the settlement of the claim of Rs.1,00,000/- with 12% interest. This petition was filed on 6.2.2001 and this amount was received by the complainant without any protest or allegation, therefore, he is estopped from putting the claim of 6% more interest and that too after several years.