State Consumer Disputes Redressal Commission
Jik Industries Ltd vs Bhupendra D Panchal on 26 August, 2010
B.EF{).RET1%IE CONSUMER DISPUTES REDRESSAL
COMMISSION
GUJARAT STATE, AHMEDABAD
CIVIL MISC. APPLICATIOVN NO. 550 OF 2010
JIK Ind'u$I;--riss Ltd.
thrjough Managing Director
Rajendm [Parikh
16,," Gu;jndecha.Chambers
Nagindas Iyflaster Road.
Fort; 'Mumbai 400 02:3 Applicant
VGISUS
Bhupendra D. Panchal
Nr. Meghdhanush Aprt.
Opp. Ba:p'u Desai ni Khidki
Ghadyalni Pom
Vadodara Respondent
BEFORE":
Justijce: R,,P. Dholakia, President SA. Makh'ija,v Mcmbcr DEAL ORDER: (By R.P, DhQ1akia,, Presidflntl Date»: August 26, 12.010 Heard Mr. RU- Nahar-, Id, advocaté for the apIp1i<:ant. The pre.sent-
apjfdlication hasfbeen 'preferred £01; withcirawal of the amount deposited in this C.omr'ni'ss:ion in CMA N9. 26.6 of 2007 by the .app1ir:a'n1t against Whflm <:omp'1a'ii"1t has. been filed. before ,Dist1'iC.€. Forum, Vadodara being Ciomplahit No. 7187 of 2005.. Being. aggrieved. by the orcier passed. in the said comzplasim, -the applicant preferred appeal before this Commission l:1c2in'g.A'ppeai1 N0. 1119 of 2007; Stay was granted on cbndition of the .appel[1a;n't depi3sit'ing.:Rs.1?3',0O0f- with .the Commissmn. Purfsu-ant to the stay order, the appellant deposited Rs.13,000 /- in this Commission vide DD N0522498 dated 5.6.2007 drawn on Dena Bank, Service Branch, Ahmedabad. According to Mr. Nahar, the appeal has been finally disposed of by this Commission by its order dated 9.10.2009 and he has filed the present application for refund of the amount. Pursuant to the order passed by this Commission, notice was issued to the respondent which has returned with endorsement 'left'. Since this Civil Misc. Application. is for withdrawal of the amount deposited in appeal and the appealhas been finally disposed of, we have decided to proceed with the matte 1".
2 We have gone through the record. The applicant has produced xerox copy of the pursis dated 25.6.2007 by which the demand draft has been deposited, xerox Copy of the demand draft and xerox copy of the order passed in Appeal No, 1119 of 2007'. The pursis also bears receipt of the demand draft by the Commission. In View of above, we pass the following order.
£«_DE:R The Application is granted. Registry is directed to verify deposit of 'Rs.13,000/-- in the Commission in Civil Misc. Application No. 266 of 2.007 by the applicant and refund. the same to the applicant with interest, if any, accrued thereon, by A/c~. Payee cheque after following due procedure. The cheque may be handed over to the advocate for the applicant for handing over the same to the applicant. The Civil Misc. Application is disposed of accordingly.
»r [R.P. Dholakia] President [sIA'_ Makhija} Member