Ladda 1 caw-1988-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No.1988 of 2011 IN WRIT PETITION NO. 1398 OF 2010. ---------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Of Court’s Or Judge’s Orders Coram, appearances,Court’s Orders directions and Registrar’s Orders Ms Gargi Bhagwat i/by M/s Divekar for the applicant. Mr Deepak Sharma i/by D.B.Gupta, Advocate for respondent. CORAM : RANJIT MORE, J. DATED : 7th October, 2011. P.C.: 1. Heard Ms Gargi Bhagwat, learned counsel for the applicant and Mr Sharma, learned counsel for the respondent. 2. By this civil application the applicant/petitioner prayed for the following reliefs :- (a) the petitioner be allowed to withdraw the amount of Rs.2,50,000/- deposited by the respondent with Hon'ble State Commission as per the order dated 30th March,2009. (b) that the Respondent be directed to pay the balance amount of Rs.1,00,000/- as well as interest on the amount of Rs.3,50,000/- at the rate of 9% per annum from 15.10.2005 till payment or realization in terms of the order Ladda 2 caw-1988-11 dated 1.12.2009 to the petitioner or in the alternative if the respondent has deposited the said balance amount of Rs. 1,00,000/- as well as the interest amount with the Hon'ble State Commission, the petitioner be permitted to withdraw the same”. 3. By order dated 24.7.2008, the South Mumbai District Consumer Forum directed the respondent to pay to the petitioner an amount of Rs.10,22,003/- along with interest @ 9% per annum with effect from 15.10.2005 till realization of the amount. In addition to above, an amount of Rs.25,000/- and Rs.5,000/- was also granted to the petitioner towards mental agony and costs of the application. 4. The order of the District Consumer Forum was challenged by the respondent, before the Consumer Dispute Redressal Commission, Maharashtra State, by filing appeal and by the order impugned in the above writ petition an amount of Rs. 10,22,003.50 was reduced to Rs. 5,50,000/- and the order of the District Forum was modified accordingly. 5. The respondent has not challenged the order of the State Commission before National Commission. The respondent cannot deny liability to pay that amount to the petitioner. In the event of dismissal of the petition also the respondent is bound to pay an amount of Rs.5,50,000/- along with interest. Out of this, an amount of Rs.2,00,000/- is already paid by the respondent to the petitioner. The respondent has also deposited an amount of Rs.2,50,000/- Ladda 3 caw-1988-11 as per order dated 30th March, 2009 passed by the State Commission. In these facts and circumstances, liberty deserves to be granted to the petitioner-applicant to withdraw the amount of Rs.2,50,000/-deposited by the respondent with State Commission. Respondent is also deserves to be directed to deposit balance amount of Rs. 1,00,000/- along with interest on the amount of Rs. 3,50,000/- @ 9% per annum from 15.10.2005. The petitioner is entitled to withdraw this amount also. In the facts and circumstances of the case, civil application is disposed of by passing the following order:- ORDER. (a) The petitioner/applicant is allowed to withdraw the amount of Rs.2,50,000/- deposited by the respondent in the State Commission as per order dated 30.3.2009 immediately. (b) The respondent is directed to pay to the petitioner balance amount of Rs.1,00,000/- as well as amount of interest on Rs.3.50,000/- @ 9% per annum from 15.10.2005 till today within the period of eight weeks from today. (c) Civil application is accordingly disposed of. (RANJIT MORE, J.)