non compliance of consumer forum order

vinod bansal (Querist) 12 March 2010 This query is : Resolved
R/ Members
My client's bike was stolen and insurer repudiated my claim on the ground of non submission of required documents,my this complaint was accepted and insurer was directed to pay 20000/-Rs. but after passing the above stated order,insurer sent a latter to my client/insured and required power of attorney and latter of subrogation and also said to transfer the ownership of motorcycle in the name of co.,whereas no where it is mentioned in the order that complainant will supply above stated required documents to insurer or will transfer the ownership in the favour of insurer,now co. is again harrasing my client even are not providing formatetc for latter of subrogation etc.execution us 27 of cp act has already been filed by me and compliance period of one month has already expired.co. has send me above stated latter after expiry of period of appeal and date of compliance.kindly help

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Guest (Expert) 12 March 2010
You may take it to the notice the Consumer Forum Bench that has passed the Order by way of an Application alongwith Execution Application (E.A.). Under any circumstances, the insurer cannot impose something which is not prescribed in the Order and you are also not obliged to heed to their demands which are illegal. You may even implead the higher-ups of the insurer-company in the case with the leave of the Bench and take them to task.

Arvind Singh Chauhan (Expert) 12 March 2010
Sir Find the good and help full judgment of SC decided on 17-01-2003 by CJI V N Khare and K.G.Balakrishnan J.J.- in
State of Karnataka V/S Vishwa Bharti House Building cooperative society & others.

Raj Kumar Makkad (Expert) 12 March 2010
I do agree with rao

Parveen Kr. Aggarwal (Expert) 12 March 2010
An order or Judgment has to be complied with in the words it has been passed. If any person is aggrieved therefrom or sees any wrong therein, he may challenge it before the Higher Forum and get is set aside or modified. But once passed and the Judgment debtor (or against whom order has been passed) cannot modify the order himself.

In your case, the Insurance company is under an obligation to comply with the order as such. You have already filed application under section 27 of the Consumer Protection Act, 1986. You need not provide power of attorney or letter of subrogation or transfer of ownership of vehicle because the Consumer Forum has not directed so.

adv. rajeev ( rajoo ) (Expert) 13 March 2010
File an exeuction petition in the forum along with 27 application, which is punishable section for not complying the forum order.

Kiran Kumar (Expert) 13 March 2010
i agree with Rajeev Ji.

Guest (Expert) 13 March 2010
i do agree with Mr Rajeev

Kumar Thadhani (Expert) 13 March 2010
Approach Insurance Ombudsman with your grievance and to state pointwise in writing.If such remains unheard file petition Consumer Forum in your District.