AI Structured Summary
Not yet generated for this judgment
Judgment
Heard the learned counsel for the complainant. Learned counsel for the opposite party was also present.
Since all the pending IAs had been disposed of along with the main complaint, IA no. 15529 of 2018 which prayed for change of name of the entity to whom payment was to be made was also disposed of. Inadvertently, IA no 15529 of 2018 was not specifically mentioned in the final order dated 6th March 2023 which allowed the complaint. The present miscellaneous application no.197 of 2023 filed by the complainant is allowed since during the pendency of the main complaint before this Hon’ble Commission, respondent no.1 complainant company had executed a deed of assignment of insurance claim on 8th May 2018. IA no.15529 of 2018 had been moved by the present review petitioner which was inadvertently not disposed of while allowing the consumer complaint. There was, therefore, an error apparent on the face of the record, which calls for intervention.
In view of the above, M/s Parekh Agencies, original intervener is required to be included in terms of IA no.15529 of 2018 in place of M/s Parenteral Drugs (India) Limited and Anr., and the same is allowed. Accordingly paragraph 19 of the order dated 06.03.2023 shall be modified to read as under:
“The amount of “Rs.3,92,31,000/- as assessed by the surveyor shall be paid by respondent no.2, United India Insurance Company, to M/s Parekh Agencies along with interest at the rate of 6% per annum from the date of repudiation of the claim within 8 weeks of this order failing which the rate of interest shall be 9% till realisation”.
MA no.197 of 2023 stands accordingly, disposed of.