Chandigarh

StateCommission

MA/15/2014

The Vice Chancellor, Birla Institute - Complainant(s)

Versus

Abhishek Mengi - Opp.Party(s)

Smt. Geeta Handra Khanuja Adv.

23 Jan 2014

ORDER

 
Miscellaneous Application No. MA/15/2014
 
1. The Vice Chancellor, Birla Institute
Pilani
 
BEFORE: 
 HON'BLE MR. JUSTICE SHAM SUNDER PRESIDENT
 HON'ABLE MR. DEV RAJ MEMBER
 HON'ABLE MRS. PADMA PANDEY MEMBER
 
PRESENT:
 
ORDER

            As per office report no stay order or any other order has been received from the Hon'ble National Consumer Disputes Redressal Commission, New Delhi or any other Court.

2.                This is an application for refund of Rs.55,000/- alongwith interest, if any,  accrued thereon i.e. Rs.25000/- deposited by the applicants/appellants, at the time of filing the appeal and Rs.30000/- deposited in pursuance of the order dated 15.05.2012 passed in Revision Petition No.1668 of 2012 by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi.

3.                It is evident from the record, that against the order dated 1.12.2011, First Appeal No. 05 of 2012, was filed before this Commission, which was dismissed vide order dated 24.1.2012. Feeling aggrieved, the Revision Petition, referred to above, was filed by the applicants/appellants before the Hon’ble National Commission wherein the interim order dated 15.05.2012 was passed for depositing Rs.30000/- and the same was accordingly deposited in this Commission.  The Revision Petition was, ultimately,  dismissed with costs by the Hon’ble National Commission vide order dated 23.04.2013. Thereafter,  C.P.No.133/2013 was filed by the respondent/complainant before the District Consumer Disputes Redressal Forum-I, UT, Chandigarh which passed the following order dated 19.12.2013:-

          “A demand draft of Rs.35,710/- has been handed over by the authorized agent of the OP to the Learned Counsel for the complainant, which has been received by him. In view of the endorsement made by the learned counsel for the complainant on the receipt, the application under Section 27 of the Consumer Protection Act, 1986 is disposed of as fully satisfied.

Certified copies of this order be sent to the parties, free of charge. File be consigned”.

4.                In view of the above, there is no legal impediment, in allowing the application, in the manner, that a sum of Rs.55,000/- referred to above,  alongwith interest, if any, accrued thereon, shall stand refunded, in favour of Birla Institute of Technology & Science, Pilani, as prayed for , against valid receipt and on proper identification.

5.                The application stands disposed of accordingly.

6.                Necessary intimation, in this regard, shall be sent to the District Forum, concerned.

7.                Certified copy of the order be sent to the parties free of charge.

 

 
 
[HON'BLE MR. JUSTICE SHAM SUNDER]
PRESIDENT
 
[HON'ABLE MR. DEV RAJ]
MEMBER
 
[HON'ABLE MRS. PADMA PANDEY]
MEMBER

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