Application Under Section 25 and 27 of the Consumer Protection Act 1986 for execution of the Order dated 10-06-2010  passed by the Hon’ble Forum.

In the present case, the complaint was filed by the complainant, Jaiboon against M/s ICICI Lombard General Insurance Company Limited under section 12 of the Consumer Protection Act. The order was passed by the Hon’ble Forum in 2010, directing the respondents to pay Rs. 2,74,444/- to the complainant towards damage to his vehicle along with interest @ 9% per annum and further Rs. 3300/- as cost of litigation. However, the respondents failed to comply with the order intentionally and deliberately, and hence an application under Section 25 and 27 of the Consumer Protection Act 1986 for execution of the order was filed by the complainant. The prayer requested the execution of the decree holder and the amount of Rs. 3,66,719/- along with future interest at the rate 9% per annum may kindly be ordered to be recovered from the judgment debtor by way of attachment of moveable and immovable properties of the judgment debtors in open auction.

Before the President District consumer (Disputes) Redressal Forum,

Jaiboon                        ….Decree Holder

                             VERSUS
1- M/s ICICI Lombard General Insurance Company Limited
Registered Office : at ______
through its Director/Principal Officer
Service may also be effected at

2- Branch Office /Divisional Office M/s ICICI Lombard General
Insurance Company Limited
                                                        …..Judgement debtors

Complaint U/S 12 of the Consumer Protection Act.

Application Under Section 25 and 27 of the Consumer Protection Act 1986 for execution of the Order dated 10-06-2010 passed by the Hon’ble Forum

Consumer Complaint No. ___
Date of Institution 29-01-2007
Date of order – 10-06-2010.

Respectfully Showeth:

1- That the above-mentioned complaint was filed by the complainant /decree holder on 29-01-2007 before this Hon’ble Forum and the same has been accepted by this Hon’ble Forum vide order dated 10-06-2010.

2- That this Hon’ble Forum accepted the complaint of complainant following order is passed:-

The respondents are , therefore, directed to pay Rs. 2,74,444/- to the complainant towards damage to his vehicle alongwith interest @ 9% per annum from the date of filing of the complaint till payment and further to pay Rs. 3300/- as cost of litigation

3- That as per the order of this Hon’ble court the complainant is entitled to receive the following amount from the respondents/J.Ds :-

i) Principal amount Rs. 2,74,444/-

ii) Interest @ 9% per annum w.e.f.       
29-01-2007 to 29-07-2010, Rs. 86,775/-
3 years & 6 months

iii) Litigation expenses Rs. 3,300/-

iv) Expenses of this execution Rs. 2,200/-
_______________

Total Rs, 3,66,719/-

alongwith future interest @ 9% per annum till the date of realizations of the amount.

4- That the respondents/Judgment debtors have full knowledge about the passing of this order and they have failed to comply the order of this Hon’ble Forum intentionally and deliberately.

5- That the complainant/Decree holder went to the respondents/Judgment debtors and asked them to comply the order of this Hon’ble Forum but they refused to comply with the orders of this Hon’ble Forum and also refused to pay the decretal amount to the decree holders all in vain. Hence this execution.

PRAYER:

                  It is therefore, prayed that the execution of the decree holder may kindly be accepted and the amount of Rs. 3,66,719/- along with future interest at the rate 9% per annum may kindly be ordered to be recovered from the judgement debtor by way of attachment of moveable and immovable properties of the judgement debtors in open auction and the amount derived from the same may kindly be given to the decree holders/complainants to the satisfaction of the award/order passed by this Hon’ble Forum alongwith future interest and costs. It is further prayed that the legal proceedings under section 27 of the consumer Protection Act may kindly be initiated against the J.D. for non-compliance of the order of this Hon’ble Forum as well as non bailable warrants may kindly be issued against the concerned officials of the respondents /J.Ds.
                                                                                                                Decree Holder/Complainant

Through counsel:

Verification :-Verified that the contents of my above execution are true to best of my knowledge and belief and nothing concealed therein. Verified at

                                                                                                                Decree Holder/Complainant