District Consumer Disputes Redressal Commission-I, U.T., Chandigarh

Miscellaneous Application No.46 of 2024

in CC/86/2013

BEFORE:

          PAWANJIT SINGH, PRESIDENT

          SURJEET KAUR, MEMBER

          SURESH KUMAR SARDANA, MEMBER

PRESENT:

Sh.Kamal Pandey, Supervisor Security/Representative of Applicant/OP.

None for Non-Applicant/Complainant.

Dated :  7^th June 2024

ORDER

1.   This order shall dispose of the miscellaneous application filed on behalf of applicant/OP-FIITJEE Limited for release of amount of Rs.28,416/- lying deposited with this Commission. It transpires from the averments as projected in the application that initially complaint was filed by complainant against the present applicant/OP before this Commission which was dismissed by this Commission vide order dated 24.05.2013. In appeal, the order of this District Commission was set aside by the Hon’ble State Consumer Disputes Redressal Commission, U.T. Chandigarh vide order dated 20.08.2013 and complaint of the complainant was allowed. Subsequently when the revision petition was filed by the applicant/OP before the Hon’ble National Consumer Disputes Redressal Commission, the order of the State Consumer Disputes Redressal Commission, U.T. Chandigarh, was set aside by the National Consumer Disputes Redressal Commission vide order dated 21.05.2014 and consequently complaint of the complainant was dismissed.

2.   The applicant/OP has filed copy of cancelled cheque(Annexure E) giving its bank account details as under:-

     Name of Bank Axis Bank Ltd.

                   Green Park, New Delhi(DL),New Delhi 110016

     Account No.   916030078731289

     IFSC Code     UTIB0000015

3.   Notice of the application was given to the non-applicant/complainant, but despite of service, non-applicant/complainant has not appeared.

4.   As per office report, an amount of Rs.28,416/- has been deposited in the official account of this Commission vide order dated 31.12.2013 passed in MA/198/2013. Office has also reported that no stay has been received,

5.   Since the aforesaid amount was deposited by applicant/OP on the direction of the Hon’ble National Consumer Disputes Redressal Commission with this Commission and further no appeal or revision has been filed by complainant, making clear that order dated 21.05.2014 passed by the Hon’ble National Consumer Disputes Redressal Commission has attained its finality vide which complaint of the complainant was dismissed. Hence, it is safe to hold that applicant/OP is entitled for the aforesaid deposited amount lying deposited with this Commission. Accordingly, the amount of Rs.28,416/- deposited by applicant/OP with this Commission, alongwith upto date interest thereon, is ordered to be released in favour of applicant/OP FIITJEE Limited and the same be transmitted in the aforesaid bank account of the applicant/OP, against proper receipt & identification. Office to take necessary action for release of the amount. Office should ensure the correctness of the bank account details of the applicant/OP before getting the amount transferred in their account. The present miscellaneous application stands disposed of accordingly. It be tagged with the main file.

6.   Certified copies of this order be sent to the parties free of cost.