This is a miscellaneous application seeking permission of this Commission to withdraw the sums deposited in the Registry of this Commission, pending the appeal filed by the applicant.

     It is stated by the applicant that, the respondent had filed Consumer Complaint No.163/2009 before the District Consumer Disputes Redressal Commission, Ahmednagar ( the District Commission for short)  which was partly allowed on 13.1.2010.  Against that judgment, First Appeal No. 166/2019 was filed before this Commission.  The said appeal has been dismissed by this Commission and confirmed the order of District Commission.  Pending this appeal it had deposited sum of Rs.50,000/- in this Commission by the order of this Commission.

      Meanwhile the respondent filed Execution Application  No.RBT/EA/2018/89. The said Execution Application has been withdrawn by the respondent, as his grievance has been fully satisfied. In such circumstances the sum of Rs. 50,000/- deposited by the applicant is required to be permitted to be withdrawn.

     Notice of this application has been sent to the respondent. It is duly served, but remained absent. As such this application proceeded ex-parte against the respondent.

      The say of the Registrar (Legal)/ Accounts Officer has also been called as to the deposit of the amount as claimed by the applicant.  The report reveals that, sum of Rs.25,000/- initially deposited on 10.3.2010 vide receipt No.7200751. Secondly on 17.12.2011 vide D.D.No. 006657 and receipt No. 361 sum of Rs. 25,000/- is also been deposited.  As such sum of Rs.50,000/- in total has been deposited and kept in the fixed deposit of  Bank of Baroda.

      In view of the above facts it will be just to direct the Registrar (Legal) / Accounts Officer of this Commission to make the payment of aforesaid sum along with interest accrued  thereon to the applicant  by the due procedure as has been prescribed by the Hon’ble State Commission. Hence, we pass the following order.

                                                                     ORDER

1. Registrar (Legal)/ Accounts Officer of this Commission is directed to pay sum of Rs.50,000/- along with interest accrued thereon to the appellant  by the due procedure prescribed by the Hon’ble State Commission.

2. No order as to cost.