National Consumer Disputes Redressal
M/S. Mahindra & Mahindra Financial ... vs K. Alfred on 4 December, 2019
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI MISCELLANEOUS APPLICATION NO. 372 OF 2019 IN ERP/4/2016 1. M/S. MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD. ...........Appellants(s) Versus 1. K. ALFRED ...........Respondent(s)
BEFORE: HON'BLE MRS. JUSTICE DEEPA SHARMA,PRESIDING MEMBER HON'BLE MR. C. VISWANATH,MEMBER For the Appellant : Mr. Amit Singh, Advocate For the Respondent : In Person Dated : 04 Dec 2019 ORDER JUSTICE DEEPA SHARMA, PRESIDING MEMBER MA No. 372 of 2019 (FOR DIRECTIONS) This Miscellaneous Application has been filed by the respondent in Execution Revision Petition No. 4 of 2016 of the petitioner M/s Mahindra & Mahindra after the final order dated 22.07.2016 had been passed by this Commission on the execution revision petition.
2. Vide this Miscellaneous Application, respondent i.e. K. Alfred had sought following directions:
"1. Transfer the deposit to the District Forum's custody;
2. Direct the Deposit interest to be paid to the petitioner;
3. Direct the Respondent to issue NOC to run the Taxi;
4. Pass such other order (s) as this Hon'ble Commission may deem fit under the facts and circumstances of the case."-2-
3. We have heard the parties and perused the file.
4. Vide order of this Commission dated 22.07.2016, this Commission had issued following directions:
"(ii) The amount which the petitioner company has deposited in this Commission pursuant to the interim order dated 17.05.2016 shall be kept in the fixed deposit and shall abide by the final decision in the appeals filed by the petitioner company against the order of the District Forum dated 14.02.2014."
5. Pursuant to this direction, petitioner M/s Mahindra & Mahindra Financial Services Ltd. had deposited the entire decretal amount. One of the prayer of the applicant is that this deposited money be deposited with the District Forum. We found no harm in transferring this money to the District Forum because ultimately it is the District Forum who had to execute the decree. Hence, Registry is directed to transfer the deposited amount alongwith accrued interest on it to Registrar of the District Forum, who shall keep it in a Fixed Deposit and amount be released at the appropriate time by the District Forum towards the satisfaction of the decree at the end of the ligation between the parties in this matter.
7. The applicant has also made certain other pleas in this application like release of the interest, directions for issue of the NOC. Grant of these reliefs is beyond the jurisdiction of this Commission especially in view of the fact that appeal in this case is pending before the State Commission. Application stands disposed of.
......................J DEEPA SHARMA PRESIDING MEMBER ...................... C. VISWANATH MEMBER