Today, learned counsel Sh. Vineet Negi, an associate of learned counsel Sh. T.S. Bindra for the applicants as well as learned counsel Sh. Suresh Gautam for the opposite party, have appeared.

Today, an application has been moved on behalf of the opposite party, stating that the opposite party – Universal Sompo General Insurance Company Limited has challenged the order dated 31.05.2017 passed by this Commission in consumer complaint No. 10 of 2014, styled as Food Court The Company Garden Society and another Vs. Universal  Sompo General Insurance Company Limited and another, before Hon’ble National Commission by filing First Appeal No. 1591 of 2017; Universal Sompo General Insurance Company Limited Vs. Food Court The Company Garden Society and others.  The above-mentioned appeal has been allowed by Hon’ble National Commission vide its order dated 12.01.2024 (copy enclosed with the application) and the order dated 31.05.2017 passed by this Commission has been set aside.

In the application, it is further averred that the opposite party had deposited an amount of Rs. 7,07,433/- before this Commission on 18.09.2017, which be released in favour of the opposite party and execution application be dismissed.

The aforesaid application is not opposed by learned counsel for the applicants.

We have perused the order dated 12.01.2024 passed by Hon’ble National Commission in First Appeal No. 1591 of 2017; Universal  Sompo General Insurance Company Limited Vs. Food Court The Company Garden Society and others, whereby Hon’ble National Commission has allowed the appeal, setting aside the order dated 31.05.2017 passed by this Commission.

In view of order dated 12.01.2024 passed by Hon’ble National Commission, the execution application can not be continued and is liable to be dismissed.

Accordingly, the execution application is hereby dismissed.  The amount of Rs. 7,07,433/- (Rupees Seven Lacs Seven Thousand Four Hundred Thirty Three Only) deposited by the opposite party with this Commission, be released in favour of the opposite party.

File be consigned to the record room along with copy of this order.