Allowed

Smt. Shamim W/O Late Jamil v. Salim Khan S/O Aazam Khan

Rajasthan HC24 Apr 2023CW/2153/2023

Case brief

AI extract

What is this about?

The bench allowed this writ petition to quash an order dismissing the petitioner's application for premature release of F.D.R. amounting to Rs.1,00,000/- awarded in a consumer dispute, directing the tribunal to make the release.

What did the court decide?

Writ petition allowed; Order dated 04.01.2023 set aside; Tribunal directed to make premature release of F.D.R. of Rs.1,00,000/- to petitioner No.1.

Smt. Shamim W/O Late Jamil Vs Salim Khan S/O Aazam Khan — Consumer Protection | Rajasthan HC (2023)

¶1

[2023/RJJP/008008]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 2153/2023

¶4

Smt. Shamim W/o Late Jamil, Aged About 36 Years, Resident Of Tantoti, Tehsil Tantoti, Distt. Ajmer (Raj.)

¶5

Ijrail S/o Late Jamil, Aged About 16 Years, Minor Through Natural Guardian Smt. Shamim, Resident Of Tantoti, Tehsil Tantoti, Distt. Ajmer (Raj.)

¶6

Muskan D/o Late Jamil, Aged About 14 Years, Minor Through Natural Guardian Smt. Shamim, Resident Of Tantoti, Tehsil Tantoti, Distt. Ajmer (Raj.)

¶7

Shabnum D/o Late Jamil, Aged About 12 Years, Minor Through Natural Guardian Smt. Shamim, Resident Of Tantoti, Tehsil Tantoti, Distt. Ajmer (Raj.)

¶8

Mem S/o Late Jamil, Aged About 10 Years, Minor Through Natural Guardian Smt. Shamim, Resident Of Tantoti, Tehsil Tantoti, Distt. Ajmer (Raj.)

¶9

Jamil S/o Late Jamil, Aged About 8 Years, Minor Through Natural Guardian Smt. Shamim, Resident Of Tantoti, Tehsil Tantoti, Distt. Ajmer (Raj.)

¶10

Neha D/o Late Jamil, Aged About 6 Years, Minor Through Natural Guardian Smt. Shamim, Resident Of Tantoti, Tehsil Tantoti, Distt. Ajmer (Raj.)

¶11

----Petitioners

¶12

Versus

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Salim Khan S/o Aazam Khan, Resident Of Ward No. 2, Near Old Bijli, Ghar, Kuchera, Distt. Nagaur (Driver Of Vehicle Trailer No. Rj-01-Ga-6680)

¶14

Narulal S/o Gidhari Lal, Aged About 38 Years, Resident Of Barda Ki Dhai, Sarana Magra, P.s. Gandhi Nagar, Tehsil Kishangarh, Distt. Ajmer (Raj.) ((Owner Of Vehicle Trailer No. Rj-01-Ga-6680)

¶15

Chagan Lal Saini S/o Mool Chand Saini, Aged About 38 Years, Resident Of Padasoli, Tehsil Dudu, Distt. Jaipur (Owner Of Vehicle Trailer No. Rj-01-Ga-6680)

¶16

United India Insurance Company Ltd., Through Divisional Manager, Divisional Office, Near Old Riico Industries Area, S.b.i. Parbatpura, Ajmer (Policy No. 1413053118 P 108904071 Valid Upto 10.10.2018 To 9.10.2019)

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(2 of 3) [CW-2153/2023]

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[2023/RJJP/008008]

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(Insurance Company Of Vehicle Trailer No. Rj-01-Ga6680)

¶20

Usman Khan S/o Mohammed Khan, Aged About 74 Years, Resident Of Tantoti, Tehsil Tantoti, Distt. Ajmer (Raj.)

¶21

----Respondents

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For Petitioner(s)	: Mr.	Praveen Kumar Jain
For Respondent(s)	: Ms.	Rajani Vyas

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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24/04/2023

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This writ petition has been filed by the petitioner with the following prayer:-

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“It is, therefore, prayed that your lordships will be pleased to accept this writ petition and to quash the order dated 4.1.2023 (Annex-3) passed by the learned Additional District and Session Judge No. 1 Kekri, Ajmer and the application for premature maturity of FDR of Rs. 1,00,000/- with interest may kindly be allowed. Any other order, which this Hon’ble Court deem just and proper may kindly be passed in favour of the petitioner. Cost of the writ petition may kindly be awarded in favour of the petitioner.”

¶28

Brief facts of the case are that the bread earner of the family Jamil died in a road accident which took place on 28.06.2019 and the claimants-petitioners filed a claim petition before the tribunal and the tribunal passed an award of Rs.14,73,077/- on 30.03.2022 in favour of the petitioners-claimants. Thereafter, the petitioners-claimants submitted an application before the learned tribunal for premature release of the FDR amounting to Rs.1,00,000/- in total, to incur their day-to-day expenses as well

[2023/RJJP/008008]

[CW-2153/2023]

(3 of 3)

for education of the children and the said application was dismissed by the learned Additional District and Session Judge No.1, Kekri, Ajmer vide order dated 04.01.2023. Hence, this writ petition has been filed by the petitioner-claimants.

¶33

Counsel for the petitioner-claimants submits that the bread earner of the family Jamil died in a road accident and the petitioner No.1 is a major lady having six minor children and she filed an application before the learned Additional District and Session Judge No.1, Kekri, Ajmer for premature release of the FDR amounting to Rs.1,00,000/- in total for daily routine expenses as well as for education of minor children, and therefore, prayed for premature release of the said F.D.R.

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Counsel for the respondent opposed the writ petition.

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Considering the submissions made by counsel for the parties and taking into account the facts and circumstances of the present case, I deem it just and proper to allow this writ petition with the direction to the learned Additional District and Session Judge No.1, Kekri, Ajmer for pre-mature release of F.D.R. of petitioner amounting to Rs.1,00,000/- in favour of the petitioner No.1.

¶36

In that view of the matter, this writ petition is allowed. The order dated 04.01.2023 is set aside. The learned tribunal is directed to make pre-mature release of F.D.R. of petitioner No.1 amounting to Rs.1,00,000/- in favour of the petitioner No.1.

¶37

(INDERJEET SINGH),J

¶38

JYOTI /70

Smt. Shamim W/O Late Jamil v. Salim Khan S/O Aazam Khan

Case brief

What is this about?

What did the court decide?

Smt. Shamim W/O Late Jamil v. Salim Khan S/O Aazam Khan

Case brief

What is this about?

What did the court decide?

What the court decided

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