SURINDER SINGH vs NEW INDIA ASSURANCE COMPANY LTD.

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.

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 : "Received a cheque bearing No. 30580 for an amount of Rs. 75,760/- drawn on Central Bank of India, without interest in the above said case. The interest is still due. In the event, complainant looses in appeal before Supreme Court, he would return the whole amount to the Insurance Company which has been received by the complainant."

It is further not in dispute that the appeal was allowed by State Commission by the order dated 7.10.1998 and this order has attained finality as the petitioner did not assail it before this Commission. After dismissal of appeal, the respondent filed application under Section 25 of the Act on which aforesaid order dated 9.3.2001 came to be passed by the District Forum. On enquiry, Mr. Bansal stated that application under Section 25 was filed on 27.11.1998. In view of statement made on 26.9.1994 by petitioner''s Counsel, the petitioner was under an obligation to return the amount of Rs. 75,760/- on dismissal of appeal on 7.10.1998. Under the garb of said statement dated 26.9.1994, the petitioner cannot escape liability for payment of interest as he had deprived use of amount of Rs. 75,760/- by the respondent. Submission referred to above, thus deserves to be dismissed not only being without any merit but also dishonest. Revision Petition is, therefore, dismissed.