Heard the applicant in person and perused the record.
This miscellaneous application has been filed by the applicant for releasing the amount of Rs. 3,000/-, which was deposited by the applicant towards mandatory deposit while filing First Appeal No. 335 of 2019; Sh. Girish Bhushan Goyal Vs. Ind-Swift Laboratories Ltd. and others.
The aforesaid appeal was filed by the applicant before this Commission against the judgment and order dated 04.05.2019 passed by the District Commission, Haridwar in consumer complaint No. 102 of 2016; Sh. Girish Bhushan Goyal Vs. Ind-Swift Laboratories Ltd. and others.
This Commission vide order dated 27.10.2023 has partly allowed the aforesaid appeal and modified the judgment and order passed by the District Commission to the extent that the amount of damages imposed upon the applicant under Section 26 of the Consumer Protection Act, 1986 to be paid to each of the opposite party Nos. 3 & 4, was reduced from Rs. 2,000/- to Rs. 1,000/-. In addition, the direction to the applicant to pay damages of Rs. 2,000/- imposed upon the applicant under Section 26 of the Consumer Protection Act, 1986, to be paid to opposite party No. 5, was set aside.
According to office report dated 19.09.2024 / 14.10.2024, in compliance of judgment and order dated 27.10.2023 passed by this Commission, the applicant has paid the amount of Rs. 1,000/- to opposite party No. 3 through cheque No. 663789 dated 27.10.2023 for Rs. 1,000/- issued by Canara Bank, Haridwar Main, Uttarakhand. The applicant has annexed copy of the aforesaid cheque as well as copy of the passbook. The applicant has also deposited an amount of Rs. 1000/- before the District Commission vide demand draft No. 001669 dated 22.11.2024 issued by IDBI Bank, Haridwar. The applicant has submitted the receipt dated 25.11.2024 issued by the District Commission regarding submission of aforesaid demand draft by the applicant.
In view of above, the miscellaneous application is allowed. The aforesaid amount of Rs. 3,000/- (Rupees Three Thousand Only) deposited by the applicant with this Commission, be released in favour of the applicant.
File be consigned to the record room along with copy of this order.