No interim award can be made by State Consumer Commission: DB

A Division Bench of State High Court Comprising Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey holds that no interim award can be made by State Consumer Commission.
Division Bench observed that a part from the said decision, it is to be noted at this juncture that the complaints were filed and the liability on the part of the appellants is not determined in any manner. Thus passing an interim direction before considering the claim of the complainant is erroneous. As the liability of the appellants has not been determined and the amount payable to the complainants, if any, having not been assessed by the State Commission, giving direction to deposit half of the amount of the insurance policy/stock statement is unnecessary as the Bank/Insurance Company will be in a position to deposit the amount to be determined in favour of the each of complainant and the said fact cannot be denied by the complainants. In such circumstances, passing the interim award, without even determining the liability on the part of the appellants and arriving at a quantum of claim if any payable, is unsustainable and the interim order passed in the complaints, which are challenged in these appeals, are set aside. DB further observed that since the complaints have been filed and the same has been kept pending, the parties are directed to complete their pleadings within a period of one month from today and the State Commission is directed to decide the complaints on merits finally within three months therefrom. Some of the appearing counsels argued that salary accounts of some of the officers of the Banks and Insurance Companies have been attached pursuant to the impugned order issued by the State Commission. —JNF

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