Deepa v. Vasutheva Iyengar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont.P.(MD)No.727 of 2023 in W.P.(MD)No.25171 of 2022 Deepa ... Petitioner Vs.

Vasutheva Iyengar, The Divisional Manager, United India Insurance Company Ltd., Divisional Office VI, 5th Floor, PLA Rathana Tower, 212, Anna Salai, Chennai - 6.

... Respondent Prayer: Contempt petition is filed under Section 11 of the Contempt of Courts Act, to initiate contempt proceedings Under Section 11 of the Contempt of Courts Act, 1971 against the respondent herein for their willful disobedience to implement the order passed by this Court in WP(MD).No.25171 of 2022 order dated 07-11-2022 and punish Respondent.

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For Petitioner : Mr.R.Karunanidhi For Respondent : Mr.A.Shajahan

O R D E R

Heard the learned counsel on either side.

2.The writ petition filed by the petitioner herein was allowed in the following terms:- "3.However, in the present case, it appears that the fifth respondent was not furnished with the receipt issued by the hospital. The learned counsel for the petitioner on the other hand would claim that the original receipt was submitted along with her application before the sixth respondent. Be that as it may, the petitioner is permitted to submit a fresh application along with a photocopy of the cash receipt. The fifth respondent is directed to accept the photocopy of the cash receipt and settle the eligible amount to the writ petitioner. This shall be done within a period of four weeks after the fresh application along with photocopy of the cash receipt is received by the fifth respondent." 2/4

3.According to the learned counsel for the petitioner, the petitioner is entitled to Rs.7,15,881/-. According to the learned standing counsel for the respondent, the petitioner was paid the eligible amount of Rs.4,00,000/-. The respondent is directed to send a communication to the petitioner setting out reasons as to why, she is eligible only for Rs.4,00,000/- and not for the claimed amount of Rs.7,15,881/-. On receipt of the said communication, it is open to the petitioner herein to question the same in the manner known to law. On receipt of such a communication from the respondent, it is open to the petitioner to move the jurisdictional Consumer Forum. If any such complaint is filed within a period of two months from the date of receipt of such a communication from the respondent, the same will be entertained without reference to limitation.

4.With this liberty to the petitioner, this contempt petition is closed.

30.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias Cont.P.(MD)No.727 of 2023 in W.P.(MD)No.25171 of 2022 30.08.2023 4/4