Per Justice Mr. S.B. Mhase, Hon’ble President :
Ld. Counsel Mr. U.M. Abhyankar present alongwith Mrs. Bhatia, Branch Manager, State Bank of India, Sangli. He states that Mrs. Bhatia is an authorized officer on behalf of the Bank to deal with this consumer complaint and appeal. Ld. Counsel on instruction from Mrs. Bhatia states that the appellant has settled the claim and appellant be granted leave to withdraw this appeal. Appellant has filed pursis/memo to that effect. Respondent is not present. Therefore, contents in the pursis/memo cannot be confirmed. But since appellant desires to withdraw appeal, we hereby grant leave to withdraw appeal. Appeal is accordingly disposed of as withdrawn.
In this appeal, there is delay in filing appeal and therefore, appellant has filed delay condonation application. But as appellant is withdrawing appeal and as leave to withdraw has been granted, the delay condonation application stands disposed of as withdrawn and/or not pressed.
As the appeal is withdrawn, the order of District Forum stands confirmed and therefore, amount which was deposited by the appellant at the time of filing appeal under section 15 proviso will have to be paid to the respondent(Complainant). However, Complainant is not present and appellant states that the claim has been settled. In the absence of Complainant, Commission is not in a position to know as to whether claim has been settled or not. Therefore, it is clarified that if the appellant produces the Complainant and Complainant given no objection to release amount in favour of appellant, then only amount be paid/returned to appellant. The appellant may produce also notarized no objection and/or no objection through the advocate of the Complainant so as to get this amount. Therefore, Registrar shall release amount in favour of the appellant only on satisfaction that Complainant has no objection to release amount. If such no objection is not produced by appellant, the Registrar shall pay this amount to Complainant after period to file revision to National Commission is over. Appeal is disposed of accordingly.
O R D E R
In view of the withdrawal of appeal, delay condonation application stands disposed of.
Pronounced dated 21st July 2011.
