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

Miscellaneous Application NO. 20  OF  2017

in CC/841/2005

BEFORE:

          RAJAN DEWAN, PRESIDENT

          SURJEET KAUR, MEMBER

PRESENT:

Ms.Dhriti Sharma, Counsel for Applicant/OP No.1.

None for Complainant.

Dated : 16^th January 2018

ORDER

1.        The applicant/OP No.1 has filed the present miscellaneous application with a prayer for refund of Rs.2,00,000/- with interest deposited by them in compliance of order dated 07.08.2008 passed by Hon’ble National Consumer Disputes Redressal Commission in RP No.2944 of 2008. It has been stated in the application that the Hon’ble National Commission was pleased to grant stay vide order dated 07.08.2008 and directed OPs to deposit Rs.2,00,000/- before this Forum and in compliance of the said order, the applicant/OP No.1 deposited DD amounting to Rs.2,00,000/- before this Forum. It has been further stated that the Hon’ble National Commission vide order dated 22.11.2016 allowed the RP No.2944 of 2008 filed by OPs and set aside the order dated 25.10.2007 passed by this Forum as well as order dated 07.05.2008 passed by the Hon’ble State Commission, U.T. Chandigarh and dismissed the complaint case.

2.        The complainant has replied to the application that he has filed SLP in the Hon’ble Supreme Court of India which is pending and he has stated that the amount of Rs.2,00,000/- be refunded subject to furnishing indemnity bond.

3.        We have heard the counsel for applicant/OP No.1 and gone through the record. Since there is no stay order, we are satisfied that there does not seem to be any impediment in releasing the amount of Rs.2,00,000/- to the applicant/OP No.1 with accrued interest. Hence, the same is ordered to be released to the applicant/OP No.1 namely Toyota Kirloskar Motor Private Limited with accrued interest thereon immediately. Office to take necessary action for release of the amount. This miscellaneous application stands disposed off and it be tagged with the main file. A copy of this order be also placed on record the execution application file, if any.

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