In fact this application has been moved by the applicant/respondent ( Sh.J.C.Kapoor) for release of an amount of Rs.2.00 Lakhs (Rs.25000/- deposited by the non-applicant/appellant(Oriental Insurance Co. Ltd.) in Appeal No.311 of 2015 with this Commission and Rs.1,75,000/- with District Commission-I).. 2. It is stated in the application that while deciding complaint of the complainant the Ld. District Forum-I (Now District Commission) vide order dated 13.10.2015 allowed the complaint and directed the Opposite Party to pay Rs.2,05,000/- (after deducting NCB therefrom) with interest @ 9% p.a. from the date of filing of the claim, till realization besides compensation and costs etc. The Opposite Party went in appeal before the State Commission by filing Appeal No.311 of 2015 which was dismissed vide order dated 5.1.12016. The appellant/Opposite Party then went in revision before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi by filing Revision Petition No.1028 of 2016. Hon’ble National Consumer Disputes Redressal Commission, New Delhi, vide order dated 25.4.2016 stayed the operation of the impugned order subject to deposit of 50% of the awarded amount but the petitioner failed to deposit the said amount and consequently conditional stay was vacated vide order dated 5.4.2023 and the complainant was given liberty to proceed for execution as per law. 3. Pursuant to issuance of notice of the application, Sh.J.P.Nahar, advocate appeared on behalf of the non-applicant/M/s Oriental Insurance Co. Ltd. and filed reply to the application stating therein that Execution Application no.48 of 2023 has already been filed by the complainant before the Ld. District Commission which is listed for 20.12.2023. It is further stated that only an amount of Rs.25,000/- stood deposited with this Commission at the time of filing appeal no.311 of 2015 whereas Rs.1,75,000/- are lying deposited with District Commission-I, U.T.Chandigarh, thus, the prayer made by the complainant for release of Rs.2.00 Lakhs is wrong and illegal. It is prayed that the amount deposited with this Commission may not be released till final disposal of R PNo.1028/2018. We have heard Sh.J.C.Kapoor, Advocate in person as well as Counsel for the non-applicant and perused the record with utmost care and circumspection. As reported by the office, an amount of Rs.25,000/- stands deposited with this Commission on behalf of the non-applicant/Oriental Insurance Co. Ltd., being the statutory amount for filing appeal in this Commission under the Consumer Protection Act,1986,(old Act). The said amount is lying in the shape of FDR. The other amount of Rs.1,75,000/- is lying deposited with Ld. Lower Commission. It is not disputed by the parties that conditional stay granted by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi stands vacated vide order dated 5.4.2023 as the Insurance Company failed to deposit 50% of the awarded amount as per directions of the Hon’ble National Consumer Disputes Redressal Commission, New Delhi.. Since at present there is no stay, there is no legal impediment in releasing the amount of Rs.25,000/- lying deposited with this Commission, being statutory amount for entertaining appeal. Regarding release of remaining amount, execution application is pending in the Ld. Lower Commission. Accordingly, Secretary of this Commission is directed to get the FDR of above amount liquidated and release its amount alongwith interest, if any, accrued thereupon in favour of the Applicant/Complainant Sh.J.C. Kapoor son of Sh.K.D.Kapoor, resident of H.no.3598, Sector-37-D, Chandigarh, as per particulars given in the application for release of the amount subject to an undertaking by the applicant that he will abide by the final outcome of Revision Petition No.1028 of 2016 titled Oriental Insurance Co. Ltd. Vs J.C.Kapoor pending before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi.. Accountant of this Commission should also ensure the correctness of the particulars of Sh. J.C.Kapoor, applicant before releasing the amount by tallying the particulars.. Needful be done within seven working days. Accordingly, this application stands disposed of. Certified copies of this order be sent to the parties, free of charge. File be consigned to records. | 
