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Judgment
This revision petition has been filed under section 21(b) of The Consumer Protection Act, 1986 in challenge to the Order dated 10.06.2014 of the State Commission in appeal no. 362 of 2014 arising out of the Order dated 13.12.2013 of the District Commission in complaint no. 31 of 2013.
The matter relates to an insurance claim. The perusal of the record shows that the District Commission vide its Order dated 13.12.2013 had allowed the complaint in part and directed the insurance co. (the petitioner herein) to pay to the complainant (the respondent herein) the assured amount of Rs.1,00,000/- with interest at the rate of 6% per annum from the date of its Order. Appeal thereagaint by the insurance co. was dismissed by the State Commission at the stage of admission vide its impugned Order dated 10.06.2014. As such this revision petition has been filed apropos concurrent findings of the two fora below.
The learned counsel for the insurance co. submits on instructions that the insurance co. wishes to withdraw its revision petition. However, the issues involved may be kept open and the decision in this case may not be treated as a precedent.
In the wake of above submissions, the instant revision petition no. 3285 of 2014 is dismissed as withdrawn without the option to file it again before this Commission. The issues involved shall be kept open. The decision in this case shall not be treated as a precedent.
The amount if any deposited by the insurance co. with the District Commission in compliance of this Commission’s Order dated 18.12.2014 along with interest if any accrued thereon shall be forthwith released by the District Commission to the complainant as per the due procedure. The balance awarded amount shall be made good by the insurance co. within six weeks from today, failing which the District Commission shall undertake execution, for ‘enforcement’ and for ‘penalty’, as per the law.
The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel as well as to the District Commission immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.