Tribunals and CommissionsSingle Bench(2023) 06 NCDRC CK 0004

New India Assurance Co. Ltd vs M/s Interweave Fashions (P) Ltd

National Consumer Disputes Redressal Commission · Decided on 5 June 2023

HON’BLE JUDGES
Subhash Chandra, Presiding Member
RESULT
Dismissed
CASE NUMBER
Miscellaneous Application No. 203 Of 2023 In RP No. 344 Of 2013

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Judgment

10 paragraphs · 300 words
1.

Miscellaneous Applications Nos.203 of 2023 and 204 of 2023 have been filed by M/s. Interweave Fashions (P) Ltd. for inclusion of interest rate in the order dated 19.04.2023. In these Miscellaneous Applications it is mentioned that the final order dated 19.04.2023 setting aside the order of the State Commission and upholding the order of District Forum does not mention the interest rate which was part of the order of the State Commission.

2.

From a perusal of the order dated 19.04.2023, it is seen that the order reads as:-

“10. In the result the revision petition no. 344 of 2013 filed by the Petitioner insurance company is found to have no merits and is accordingly dismissed. The impugned order of the State Commission is set-aside and the order of the District Forum is upheld.”

3.

The impugned order of the District Forum dated 15.05.2009 which has been upheld reads as under:

(a)  Opposite party shall pay balance of Rs.4,20,652/- which will subject to clearance of the hypothecation of the bank;

(b)  On account of deficiency of service, mental agony and harassment opposite party will pay Rs.1,00,000/- (in all) to the complainant; and

(c ) Opposite party will pay rs.10,000/- towards cost of litigation.

The impugned order itself states that the District Forum‘s order was upheld for the reasons stated in the order. The present miscellaneous application seeks to allow interest @ 10% which was not awarded by the District Forum, rather it was awarded by the State Commission which order has been set aside in the final order in the revision petitions.

In view of the above, there is no error apparent on the face of the record warranting any amendment of the impugned order dated 19.04.2023.

The miscellaneous application nos. 203 and 204 of 2023 are therefore, dismissed.