Consumer forum - payment of claim amount
Querist :
Anonymous
(Querist) 28 November 2011
This query is : Resolved
Dear All,
I have a peculiar situation at hand. I won a consumer forum case and the Opposite Party (OP) filed an appeal in the State Commission.
This appeal got rejected and the OP is willing to pay the compensation.
Problem:
1) The case was of a defective camera which was deposited by me to their service centre. This camera is till date with the OP. I have a service job sheet.
2) The OP has requested me to hand over the original job sheet so that he can make the payment of the claim.
Question:
1) Should I hand over the job sheet to the OP?
Your help will be greatly appreciated.
adv. rajeev ( rajoo )
(Expert) 29 November 2011
You can handover the job sheet, but don't forget to to take the acknowledgement for that.
Devajyoti Barman
(Expert) 29 November 2011
If the OP is ready to implement the judgement then what is the harm?
If you are apprehending about loss of proof then ask for a written request from them to repair the camera so when you hand over the document you have a receipt for that.
Querist :
Anonymous
(Querist) 29 November 2011
I have an apprehension, that the judgement stated that the compensation amount included the cost of camera that was in posession of the OP.
Before agreeing to hand over the cheque they demanded for other products, that I had bought separately from another manufacturer. Nothing of handing over other accessories was in the judgement. When I spoke to them firmly that they understood.
I have an apprehension that if I hand over the original job sheet, they can come back and state that the camera is with me and not handed over to them till date.
What should I do?
M/s. Y-not legal services
(Expert) 29 November 2011
since the compensation amount included the cost of camera which is in possession of the OP., they are not allowed claim the job sheet., because they need not to hand over the subject camera.
and your apprehension also unwanted. because the job sheet may be marked as your side document.
actually they have to get fear for take acknowledgement from you while they pay the compensation.,
jitender pawaria
(Expert) 29 November 2011
if OP is ready to give in the written and issued a receipt against receiving of job sheet.
Raj Kumar Makkad
(Expert) 29 November 2011
It shall be better for you to file execution petition before consumer forum wherein the OP may demand original job-sheet in writing and you provide accordingly and further he provide the decreetal money and chapter may get ended. This recourse is advised because there is lack of confidence in each other.
Querist :
Anonymous
(Querist) 29 November 2011
Thanks everybody.
The execution petition is already filed. It has been pending for the past 9 months and the court always adjorns the hearings as the OP had filed an appeal in the State Commission (with a condonation of delay).
In the last hearing of the EA application, the OP requested 2 weeks to pay the compensation amount as the appeal was dismissed.
M/s. Y-not legal services
(Expert) 30 November 2011
then its fine., wait the will pay you the decreetal amount. if you got the decreed amount just give your acknowledgement. thats all.
