partly compliance of order of consumer forum

vinod bansal (Querist) 09 March 2010 This query is : Resolved
R/Members
I filed a consumer complaint in distt consumer forum which was allowed & hon'ble forum ordered as "insurance company is liable to pay legaly payable amount to complaint after verifying bills etc.But company paid an amount of Rs. 32000/ which was assess as net loss by surveyor-whereas bills were submitted of Rs. 75000/-.company never verified bills and straight way paid a lesser amount as assessed by surveyor.i received this amount under protest & Now i want to challenge it,how i can challenge it,under section 27 of consumer act or i have to file a new complaint..kindly enlighten me,thanx

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Parveen Kr. Aggarwal (Expert) 09 March 2010
Although without going through the discussion in the previous lines of the order of the District Consumer Forum, one line of the order cannot form basis of giving any definite reply yet what can be culled out from your query is that the District Forum ordered for payment of LEGALLY PAYABLE AMOUNT without defining the amount in specific terms. You may file a petition under sections 25 and 27 of the Consumer Protection Act, 1986 alleging that the order has not been complied with in toto. When no amount has been specified it can be presumed that the relief claimed by you in the complaint has been granted because relief has not been declined.

vinod bansal (Querist) 09 March 2010
Thankyou Parveen ji

adv. rajeev ( rajoo ) (Expert) 10 March 2010
What is the order of the consumer forum? If consumer forum order is for Rs.72,000/- then to recover the balance amount you can file a execution petition in the same forum u/s 27 of the act.

Raj Kumar Makkad (Expert) 10 March 2010
I go with parveen

vinod bansal (Querist) 10 March 2010
R/Members
Hon'ble forum has not mentioned any amount rather ordered to pay "legally payable amount after verifying vbills etc.Bills were submitted for 72000/-.Co. paid Rs. 33000/- as per surveyor report without verifyinf bills.

Guest (Expert) 10 March 2010
i do agree with parveen

Raj Kumar Makkad (Expert) 10 March 2010
It is now discretion now of the company to verify bills and pay legally what ever its rules permit. Company may now interprate that we are already in possession of the bills claimed, which have duly been verified and the payment has been released against legally payable bills so there are only little chances of your success in the light of clarified facts.

Kumar Thadhani (Expert) 11 March 2010
File exeuction petition under consumer forum against Insurance company.

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