State Consumer Disputes Redressal Commission
Neerja Modi School vs Aman Jain & Ors. on 1 December, 2009
MISC. APPLICATION NO: 291/2009 IN APPEAL NO. 1773/2008 Neerja Modi School Vs. Sh. Aman Jain & anr. 1.12.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member
Mr.Arvind Gupta counsel for the appellant Heard.
This misc. application has been filed on behalf of Neerja Modi School ( the appellant in appeal no. 1773/2008 which was decided by this Commission through judgment dated 29.7.09 ) with a prayer that the FDR of Rs.5500/- dated 29.6.06 which was deposited by the appellant with the District Forum, Jaipur IInd, and another FDR of Rs. 8760/- dated 22.8.09 which was deposited by the appellant before the District Forum, Jaipur IInd, at the time of filing the appeal be released to the appellant as the matter had been compromised and the whole amount had been paid by the appellant to the complainant directly and further the complainant respondent had given a certificate dated 28.8.09 in favour of the appellant in the manner that he would have no objection if the amount of the FDR deposited by the appellant be released to the appellant and therefore, that amount be ordered to be released 2 to the appellant and further the District Forum, Jaipur IInd had passed an order on 1.9.09 in the manner that order/directions be obtained from the State Commission and thus, this application has been filed by the appellant before this Commission.
It may be stated here that when the complainant had himself issued a certificate dated 28.8.09 in the following manner-
"Received from Neerja Modi School a unit of Shri Modi Shikshan Sansthan Shipra Path Mansarover Jaipur a cheque no. 330881 dated 28.8.09 for Rs. 8770/- drawn on ONB Jaipur against award by consumer court order dated 29.7.09 including interest upto date.
There is no dues against the matter. I have no objection to release FDR deposited by Neerja Modi School at the time of appeal."
Thus, looking to the terms and conditions of the certificate, it becomes clear that the amount deposited by the abovementioned two FDRs should be given to the appellant as the complainant respondent had no objection for that.
For the reasons stated above, the application filed by the appellant is allowed in the manner that the District Forum, Jaipur IInd, is directed to release the amount of the two FDRs i.e. FDR of Rs.5500/- dated 29.6.06 and another FDR of Rs.
38760/-
dated 22.8.09 to the appellant alongwith interest that had accrued on it.
Member President