In Ma No. 36/2019 vs Haleema Parveen
2022 Latest Caselaw 523 j&K/2

                                                             Serial No. 17
                                                            Regular Causelist

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR
                                                          CM NO. 2168/2022
                                                          In MA No. 36/2019
National Insurance Co. Ltd
                                                 ..... Appellant/Petitioner(s)
                                Through: -
                      Mr. Aatir Kawoosa, Advocate.

                                    V/s
Haleema Parveen.
                                                         ..... Respondent(s)
                              Through: -
                       Mr. Moomin Khan, Advocate.
CORAM:

            Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
            Hon'ble Mr Justice Puneet Gupta, Judge.

                                  ORDER

06.05.2022

This application is filed by the applicant/respondent seeking release

of statutory amount to the tune of Rs. 90,446/- deposited by the non-

applicant/insurance company before the then J&K State Consumer Protection

Commission, now retained by the Director, Consumer Affairs and Public

Distribution Department.

Needless to mention that the appeal filed by the non-applicant/

appellant-Insurance Company bearing MA No. 36/2019 under section 17 of

the J&K State Consumer's Protection Act, challenging the order/judgment

dated 24th October 2018 passed by the J&K Consumer Grievance

Commission, Srinagar, stands dismissed by this Court in terms of order dated

9th September 2021.

Mr. Moomin Khan, learned counsel appearing for applicant/

respondent submits that 25% statutory amount of Rs. 90,446/- stands

deposited by the non-applicant/insurance company before the then J&K State

Consumer Protection Commission on dismissal of the appeal filed by the appellant-Insurance Company and the applicant/respondent-Mrs. Haleema

Parveen by medium of the instant application seeks release of the same.

Heard learned counsel for the parties, considered the matter and

perused the record.

We are of the considered view that the amount on closure of the J&K

State Consumer Protection Commission, is lying in the bank account of

erstwhile J&K State Consumer Redressal Commission, operated by J&K

Bank Branch, New Secretariat, Srinagar, which is stated to be a frozen account

and same is required to be release in favour of the applicant. In that view of

the matter, this application is allowed and the Manager, J&K Bank Branch

New Secretariat, Srinagar, is directed to release the amount deposited by the

Insurance Company on account of 25% of the award amount to the extent of

Rs. 90,446/- along with interest earned, after treating the account defrozen to

the extent of the said amount, in favour of the applicant, namely, Mrs.

Haleema Parveen W/o Ghulam Hassan Dar R/o Nundresh Colony, Bemina,

Srinagar, on identification by her counsel.

CM disposed of as above.

                                   (Puneet Gupta)             (Ali Mohammad Magrey)
                                      Judge                           Judge
           SRINAGAR:
           06.05.2022
           "Hamid"




ABDUL HAMID BHAT
2022.05.06 16:06
I attest to the accuracy and
integrity of this document