BEFORE THE HONBLE DISTRICT CONSUMER
DISPUTE REDRESSAL FORUM AT NEW DELHI
EXECUTION NO. ______ / 2014
IN THE MATTER OF:
RADHEY SHYAM RATANLAL
6658,GADODIA MARKET
KHARI BAOLI
DELHI- 110006
. COMPLAINANT/DECREE HOLDER
VERSUS
THE NEW INDIA ASSURANCE
COMPANY LIMITED
DIVISIONAL OFFICE 311500
R-7A, GREEN PARK MAIN
NEW DELHI -110016
OPPOSITE PARTY / JUDGMENT DEBTOR
EXECUTION APPLICATION ON BEHALF DECREE
HOLDER UNDER SECTION 25 READ WITH SECTION
27 OF THE CONSUMER PROTECTION ACT, 1986 AS
AMENDED UPTO DATE.
MOST RESPECTFULLY SHOWETH:
1. That the Applicant herein had filed a complaint
bearing No. 631/2009 against the Opposite Party as
the Opposite Party failed to provide services as
promised and the above said complaint may be read
as part and parcel of this application as the same
are not repeated herewith for the sake of brevity.
2. That this Honble forum vide its Judgment
pronounced on 03.01.2013 in the above said matter
allowed the complaint and directed the opposite party
to:
i.
OP shall pay a total sum of Rs. 9,59,234/alongwith interest @ 9% per annum
from the
date of filing of complaint i.e. 13.08.2009 till its
ii.
payment.
OP shall a sum if Rs.20,000/- as cost of
iii.
litigation.
OP is also directed to make this compliance of
this within a period of one month from the date
of receipt of this order, failing which the said
iv.
amount will fetch an interest @ 18% per annum.
A copy of this order be given to the parties.
A copy of the said order dated 03.01.2013 is annexed
herewith as ANNEXURE- 1
3. That the one month time period provided in the
aforesaid Judgment to comply the above said order
has already expired and Opposite Party has failed to
comply the said order till date.
4. That the conduct of the opposite party further proves
its approach towards consumers to harass them and
also their disrespect towards the orders passed this
Honble Forum.
5. That the Opposite Party has failed to abide by the
strict
directions
of
this
Honble
Forum.
The
Complainant, as such, feeling constrained by the
aforesaid illegal conduct of the Opposite Party and has
no other efficacious remedy but to approach this
Honble Forum seeking execution of the order of this
Honble Forum dated 03.01.2013.
6. That the above said order of this Honble Forum has
attained finality as, a limitation period of 30 days to
file an appeal against the order dated 03.01.2013 has
already been expired and opposite party has not filed
any appeal till date against the above said order.
PRAYER:In the above mentioned facts and circumstance of this
case it is most respectfully prayed to this Honble
Forum that:
a. Direct the Opposite Party to pay the Complainant
a total sum of Rs. 9,59,234/- alongwith interest @
18% per annum
from the date of filing of
complaint i.e. 13.08.2009 till its payment.
b. Direct the Opposite Party to pay the Complainant
sum of Rs.20, 000/- as cost of litigation.
c. Enforce / Execute the Order dated 03.01.2013 in
the same manner as if it were a decree made by a
Court in a Suit.
d. Attach the property of the Opposite Party and
direct the sale of the said property.
e. Punish the Opposite Party and isuue warrants of
arrest
against
Opposite
the
Party
Principal
followed
officer/s
by
of
the
maximum
imprisonment and fine stipulated under Section 27
of the Consumer Protection Act,1986
f. Direct the Opposite Party to Comply with the order
dated 03.01.2013 passed by this Honble Forum.
g. Pass any relief (s) and order (s) as this Honble
Forum may deem fit appropriate in the light of
facts and circumstances of the case and in the
interest of Justice.
APPLICANT/ COMPLAINANT/
DECREE HOLDER
THROUGH
GAURAV BARATHI
Advocate for the Complainant
GLA Law offices
C-129,IInd Floor, Lajpat Nagar-I
New Delhi-110024
Ph: 011 46569494, 9810526981
Place: Delhi
Date:
VERIFICATION
I Ratan Lal, Partner of the Complainant firm do hereby
verify that the contents of Paragraphs 1-
are true to
my knowledge, as well based upon information and
record maintained by the complainant in the ordinary
coerce of business and contents of paragraphs ___ to
___ are submissions based upon legal advice received
and believed to be true and last paragraph is a prayer
clause to this Honble Court.
APPLICANT/ COMPLAINANT /
DECREE HOLDER
BEFORE THE HONBLE DISTRICT CONSUMER
DISPUTE REDRESSAL FORUM AT NEW DELHI
EXECUTION NO. ______ / 2014
IN THE MATTER OF:
RADHEY SHYAM RATANLAL
.. COMPLAINANT/ DECREE HOLDER
VERSUS
THE NEW INDIA ASSURANCE CO. LTD.
. OPPOSITE PARTY/ JUDGMENT DEBTOR
AFFIDAVIT
I, Ratan Lal, S/O Late sh.Lata ram Sarup, Aged about 74 years
partner of the Complainant of 6658, Gadolia Market, Khari Baoli,
Delhi-110006, do hereby solemnly affirm and submit:
1. That I am the Applicant/ Complainant/ Decree Holder in the
instance case
and duly conversant with the facts and
circumstances of the case, hence competent to swear this
affidavit.
2. The accompanying Application has been drafted by my counsel
under my instructions. The same has been read over to me
and I have understood the same.
3. That the contents of the accompanying Application are true
and correct to the best of my knowledge and the legal
submissions received are believed to be true and correct and
nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified
at
New
Delhi
on
this
_____
day
of
______________2014 that the contents of the present affidavit
are true and correct to my knowledge and belief and nothing
material has been concealed therefrom.
DEPONENT
