BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
EXECUTION APPLICATION NO. ________OF 2022
IN
COMPLAINT CASE NO.C- 210/21
IN THE MATTER OF:-
M/s M. Y. International & Anr. …….. Complainant
Versus
M/s New India Assurance Co. Ltd. ………. Opposite Party
INDEX
| S.No. | Particulars | Pages |
| 1. | Memo of Parties | A |
| 2. | Execution Application U/s 25 Of The Consumer Protection Act 1986 | 1-3 |
| 3. | Affidavit in Support | 4-5 |
| 4. | Annexure -1 : A Certified copy of the order Dated 22/2/2021 Passed by The Hon’ble State Commission In CC.No- C-210/21 | 6-12 |
| 5. | Annexure -2 : A Certified copy of the order Dated 7/9/2022 Passed by The Hon’ble National Commission In First Appeal No.257 of 2022 | 13-22 |
| 6. | Annexure -3 : A Receiving Copy of Request Letter dated 01/10/2021 for Making Payment of Awarded Amount | 23 |
| 7. | Vakalatnama | 24 |
Filed By
New Delhi (Avinash N. Sharma )
Date: ADVOCATE
Chamber No. 671, Patiala House Court,
New Delhi-110001. Mob: 8800794128
Email Id: advocateavinashsharma@gmail.com
BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
EXECUTION APPLICATION NO. ________OF 2022
IN
COMPLAINT CASE NO.C- 210/21
IN THE MATTER OF:-
M/s M. Y. International & Anr. …….. Complainant
Versus
M/s New India Assurance Co. Ltd. ……. Opposite Party
MEMO OF PARTIES
- M/s M. Y. International & Anr …….. Complainant No.1
X, Tughlakabad , ,
New Delhi-110019 .
- Shri Mohammad Yusuf …….. Complainant No.2
Y, Tughlakabad,
New Delhi-110019 .
Versus
M/s New India Assurance Co. Ltd. ………. Opposite Party
Through its Branch Manager.
1, Scindia House,
Connaught Place,
New Delhi-110001.
Also at
Delhi Regional Office
Connaught Place,
New Delhi-110001.
APPLICANT
New Delhi THROUGH
Date: COUNSEL
BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
EXECUTION APPLICATION NO. ________OF 2022
IN
COMPLAINT CASE NO.C- 210/21
IN THE MATTER OF:-
M/s M. Y. International & Anr. …….. Complainant
Versus
M/s New India Assurance Co. Ltd ………. Opposite Party
APPLICATION UNDER SECTION 25 OF THE CONSUMER PROTECTION ACT 1986 FOR EXECUTION OF THE ORDER DATED 22.02. 2007 PASSED IN COMPLAINT CASE NO. C-210/21 OF THE STATE COMMISSION, DELHI.
MOST RESPECTFULLY SHOWETH:-
- That the complainant had filed a Complaint No. C-210/21 against Opposite Party- Insurance Company for non-settling / deciding the Insurance claim towards the damages caused to the Vehicle TATA SEIRA having Registration No. DL-3C-E-5786 which was insured with the Opposite Party – Insurance Company on the date of accident.
- That the aforesaid vehicle met with an accident on 22.03.2020 at Muzaffar Nagar, U.P.
- That at the time of accident the driver was having valid driving Licence but in accident it was lost and a complaint was lodged with the police to this effect.
- That the Insurance claim was lodged with Opposite Party vide Letter dated 06.08.2020 but Opposite Party did not settle the claim on the ground that the driver was not having valid driving licence. Though the complainant got verified the validity of driving licence of driver from the concern authority but even then the Opposite Party did not settle the claim.
- That this Hon’ble State Commission had passed the judgment and order dated 22.02.2021 in Complaint Case No. C-210/21 in favor of complainant and against Opposite Party whereby the State Commission while allowing the complaint directed the Opposite Party to pay a sum of Rs.1,00,000/- (Rs.One lac only) to the complainant towards damages suffered by him and Rs. 25,000/-(Rs. Twenty five thousand only)were awarded towards compensation for mental agony and harassment. The certified copy of Judgment and order is annexed as ANNEXURE-1
- Being aggrieved by the order of this Hon’ble Commission the Opposite Party – Insurance Company preferred an Appeal No. 257 of 2021 before Hon’ble National Commission and the execution of the order dated 22.02.2022 of this Hon’ble State Commission was stayed by Hon’ble National Commission vide order dated 08.05.2022.
- That the aforesaid Appeal no.257 of 2021 was finally heard by Hon’ble National Commission and vide order dated 07.09.2022 the Hon’ble National Commission dismissed the Appeal of the Opposite Party, as such the order dated 22.02.2022 passed in Complaint No.C-210/21 became final and is now Executable by this Hon’ble Commission. The certified copy of the said Order of the National Commission is annexed herewith as ANNEXURE-2.
- That a Request Letter for making payment of the awarded amount of Rs. 1,25,000 /- (One lac twenty five thousand ) was given to the Opposite Party on 01.10.2021 . However, Opposite Party did not show any concern to this request letter nor any reply was given by them orally or in writing even after being approached by the complainant personally. The request Letter is annexed as ANNEXURE -3
PRAYER
IT IS ,THEREFORE ,MOST RESPECTFULLY PRAYED that this Hon’ble State Commission may graciously be pleased to pass recovery order/ attachment order in favour of Complainant and against Opposite Party in the interest of Justice.
APPLICANT / COMPLAINANT
THROUGH
New Delhi (Avinash N. Sharma )
Date: ADVOCATE
Chamber No. 671, Patiala House Court,
New Delhi-110001. Mob: 8800794128
Email Id: advocateavinashsharma@gmail.com
BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
EXECUTION APPLICATION NO. ________OF 2022
IN
COMPLAINT CASE NO.C- 210/21
IN THE MATTER OF:-
M/s M. Y. International & Anr. …….. Complainant
Versus
M/s New India Assurance Co. Ltd ………. Opposite Party
AFFIDAVIT
I,Mohammad Yusuf , Aged about 39 years,S/o. XZ Proprietor of M/s M.Y. International R/o.X, New Delhi-110019 , do hereby solemnly affirm and declare as under:-
- That I am the complainant/ applicant in the accompanying Execution Application filed under Section-25 of the Consumer Protection Act, 1986.
- That I am proprietor of M/S M.Y. International and fully conversant with the facts of the case and am competent to swear this affidavit.
- That the contents of the accompanying Execution Application under Section-25 of the Consumer Protection Act, 1986,has been drafted by my counsel under my instructions and the contents of the said Application are read over to me in vernacular and I have understood the same and state on solemn affirmation that the contents thereof are true and correct .
- That the contents of the said Execution Application may kindly be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity.
- That above is my true and correct statement.
DEPONENT
VERIFICATION
Verified at New Delhi on this 9th day of Oct. 2022 that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.
