9.1.2023 Present: Sh. Gagandeep Garg counsel for applicant with applicant.
None for respondent No. 1.
Sh. S.K. Kotia counsel for respondent No. 2.
Sh. S.K. Kotia Adv counsel for respondent No. 2 has suffered the statement that the respondent No. 2 Dr. Niharika Goyal had deposited an amount of Rs. 25,000/- at the time of filing the appeal No. 717 of 2019 and Rs. 1,15,000/- in compliance of the order dated 7.11.2019 passed by the Hon'ble State Consumer Disputes Redressal Commission, Punjab. He further stated that today I have brought the remaining amount of Rs. 1,00,000/- as per order passed by this Commission on 1.10.2019, out of said Rs. 1,00,000/- an amount of Rs. 5,000/- may kindly be deposited in the account of Consumer Legal Aid Account of this Commission. The respondent No. 2 has challenged the order passed by the Hon'ble Consumer Disputes Redressal Commission, Punjab dated 14.7.2022 before the Hon'ble National Consumer Disputes Redressal Commission, New Delhi and the said Revision Petition No. 1233 of 2022 is pending. He also stated that I have complied the order/judgment passed by this Commission dated 1.10.2019 subject to outcome decision of the Revision Petition No. 1233 of 2022 appeal pending before the Hon'ble National Consumer Disputes Redressal Commission, New Delhi.
On the other hand, Charanjit Kaur applicant also suffered the
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statement that I have heard the above said statement of Ld. Counsel for respondent No. 2 Dr. Niharika Goyal and I agreed with the same and I requested to this Commission to release the amount which was got deposited by the respondent No. 2 before Hon'ble State Commission and the said amount was remitted by the Hon'ble State Commission to this Commission vide order dated 14.7.2022. Applicant further stated that I have received the amount of Rs. 95,000/- in present execution application today in the Commission in cash and the respondent No. 2 has deposited the entire amount as per order passed by this Commission dated 1.10.2019 and I withdraw the present execution application as per the statement made by respondent No. 2 being fully satisfied.
As per office report Rs. 5,000/- has been deposited vide receipt No. 148958 dated 9.1.2023 in Consumer Legal Aid Account of this Commission. It is further reported by the office that an amount of Rs. 1,59,003/- has been received in the related case from the Hon'ble State Commission, Punjab. In view of the above said office report the Superintendent of this Commission is directed to release the above said amount to the applicant against proper receipt and identification.
In view of the above said statements made by both the parties, the present execution application is dismissed as withdrawn being fully satisfied. The parties are bound by their respective statements.
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Copy of the order be supplied to the parties free of costs. File be consigned to records after its due compliance.
Member Member President