• Consumer court order being ignored by insurance company

I had filed a case in district consumer court new delhi in 2013 regarding denial of claim by TATA AIG for waterlogging in engine. TATA AIG repeatedly refused to answer consumer court notices & in April 2015 the court granted me 4,86,000 + 9% interest + 75K fees/compensation. Even this order was ignored. Then after waiting for about a yr for TATA AIG to comply with the order, we again filed in consumer court for execution of above judgement. The court issued a summons to TATA AIG for 23rd September, which they as usual ignored again. The judge told our lawyer to get the address/name of TATA AIG personnel & that he will get warrants issued against them.

When I looked for the same I was told by TATA AIG helpline that their address had shifted in 2015 from the Bahadur Shah Zafar Marg address where the court was sending summons.

I have a few queries now
a) What address/name should I give the judge in the next hearing in november?
b) Why is TATA AIG ignoring consumer court in past 3 yrs? are they aware of something I am not? does the consumer court have serious punitive powers in such cases?
c) Should I approach the civil courts in case they continue to ignore consumer court order
Asked 1 month ago in Civil Law from New Delhi, Delhi
Dear Querist
if the M.D. of the TATA AIG was party in your complaint and execution then address of the company(Head Office) should be given along with the name of the M.D.

if not then file a fresh address of the company and get an warrant of attachment against the company and directors, they have to comply the order of the Forum at any cost.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
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129 Consultations
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1) give the address mentioned in Tata AIG helpline 

2) did you serve summons on the company ? of summons were not served company would not appear in court 

3) if summons served and company did not appear and court passed orders and company flouted the orders property of company cna be attached by court 

4) dont approach civil court 
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
1. Civil Court have no right to grant stay.

2. Yes, the Consumer Forum has all power of the court and have power to issue attachment warrant against the company or arrest warrant against the directors.

the execution can be filed against the directors.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
if company is aggrieved by district consumer court order it can appeal against said order before state consumer disputes redressal commission 

2) civil court will not stay order of district forum 

3) consumer forum will attach property of company 

4) if company fails to pay property of company can be sold to recover your dues
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
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1. You should have filed the execution petition after just one month of communicating the order and have pryed for their arrests. Now give both the addresses of the opposite parties aalong with the details of their properties to enable the court to attach those properties for selling and paying  te ordered amount to you.

2. May be that they have not received the Notice at their present address. Ensure that they have received the Court notice of your execution petition.

3. Consumer court has power to issue arrest warrant and attach personal properties of the opposite parties and sell the same to recover the ordered amount. You need not approach the Civil Court in this regard.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1. As stated in my earlier post, may be that they have not received the Court order or summons for which they could not act or react. Ensure that the papers/orders are sent to the correct addresses of the opposite parties. Police will make arrest and they will come to know about the order. no need for approaching any Civil court fort the instant matter.

2. If you have not added the MD's name of TATA AIG, then it is a serious mistake on your part while filing the Consumer case. Rectify it by adding all the senior officials name and send them the notice. pray before the Forum for leave to send the notice/summons to the sr. executives of the TATA AIG giving their names and addresses.

Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. The address of the registered office should be given.

2. Notices are being ignored to evade the liability.

3. You do not have to go to civil court. The consumer forum is competent to execute the order passed by it. It has all the powers of a civil court including the power to issue warrants of arrest to execute its order.

Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
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Any court in India may order warrants to be executed against any person or institution anywhere in India. The name of MD should have been mentioned. The omission of MD is the reason why they took the liberty of evading notices.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0
a) What address/name should I give the judge in the next hearing in november?

You have to find the exact location or address of the insurance company through your own sources.







b) Why is TATA AIG ignoring consumer court in past 3 yrs? are they aware of something I am not? does the consumer court have serious punitive powers in such cases?

You should initiate execution petition proceedings before the same court as per the  law meant for it.   The court has powers to execute the decree passed by the consumer court.






c) Should I approach the civil courts in case they continue to ignore consumer court order

They may ignore the summons from civil court too, then what will you do?
Better dont try any such gimmick.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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a)I dont understand why they are ignoring consumer court repeatedly, can they simply ignore the order in perpetuity or get a stay/different judgement from civil courts. Is there any point I am missing here

The consumer court decree can be executed in the same court only and not through a civil court.






b) All judgements are against TATA AIG Bahadur Shah Zafar Marg, the company head office is in Mumbai. Can a delhi district consumer court judge take serious action against MD sitting in Mumbai. Also MD's name/office is not mentioned in the judgement. It is only my firm vs TATA AIG

It was your fault to not to implead the Head office or the MD as another respondent/opponent party
You could have done that in the main petition itself, but now you cannot.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0

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