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CDJ 2026 (Cons.) Case No.106
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| Court : National Consumer Disputes Redressal Commission (NCDRC) |
| Case No : Miscellaneous Application No. NC/MA/96/2026 In NC/FA/115/2024 |
| Judges: THE HONOURABLE MR. JUSTICE A.P. SAHI, PRESIDENT & THE HONOURABLE MR. BHARATKUMAR PANDYA, MEMBER |
| Parties : Kanakia Spaces Realty Private Limited & Others Versus Kamal Aggarwal & Another |
| Appearing Advocates : For the Appellants: Jagriti Dosi, Advocate. For the Respondents: ----- |
| Date of Judgment : 16-04-2026 |
| Head Note :- |
Subject
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- None
2. Catch Words:
- Not mentioned
3. Summary:
- The applicant sought release of a claimed deposit of Rs.1,40,199/‑ following the allowance of an appeal on 25.08.2025.
- The Commission ordered verification of the deposit, and the Registry reported a shortfall, confirming only a deposit of Rs.31,72,952/‑ via two demand drafts.
- The report dated 10.04.2026 indicated that the amount of Rs.1,40,199/‑ had not been deposited with the Commission.
- The Commission concluded that the claimed amount was not received and directed that the verified deposited sum of Rs.31,72,952/‑ be released to the applicant with any accrued interest within 15 days.
- The applicant was advised that if evidence of the Rs.1,40,199/‑ deposit is produced, a fresh application may be filed.
- The application was disposed of with the above directions.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. This Application has been moved praying for release of the deposited amount as the Appeal filed by the Appellants had been allowed on 25.08.2025.
2. The calculations were required to be verified with regard to the status of the deposit as claimed by the Applicant and we had therefore passed the orders calling upon the Registry to put up a report about the claim of a deposit of Rs.1,40,199/- said to have been made by the Applicant through a Bank Draft dated 30.08.2024.
3. The office has reported that there was a shortfall of Rs.1,49,766/-. We had perused the report of the office on 30.03.2026 and had called for a fresh report. The same has been tendered on 10.04.2026 which is extracted herein under:
"1. With reference to the direction issued by the Hon'ble Commission vide order dated 30.03.2026, to verify the record of the amount deposited with this Commission, Registry has once again verified its Record. Verification has also been done from the Filing Section & Account Section.
2. It is submitted that a sum of Rs.31,72,952/- has been deposited by Appellant at the time of filing First Appeal, as under:-
Sl. No.
| DD No.
| Date
| Amount
| i.
| 092392
| 31.01.2024
| Rs.35,000/-
| ii.
| 092393
| 14.02.2024
| Rs.31,37,952/-
| Total Amount Deposited
| Rs.31,72,952/-
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3. The amount of Rs.31,72,952/- deposited by the Appellant is lying deposited in FDR at Sl. No. 3980 with this Commission.
4. It is further, submitted that the Appellant has deposited the sum of Rs.35,000/- + Rs.31,37,952/- = Rs.31,72,952/- only in the Registry of this Commission, at the time of filing of said First Appeal.
5. It is pertinent to mention that the Appellant has not deposited the sum of Rs.1,40,199/- in the Registry of this Commission, sofar.
6. The matter is placed before the Hon'ble Commission, with the office Report, as directed."
4. It is therefore clear that the Commission does not seem to have received the said amount of Rs.1,40,199/- as claimed by the Applicant.
5. It is also reported that the total amount deposited is only Rs31,72,952/- vide two Demand Drafts referred to in the report extracted herein above. Accordingly we dispose of this Application with a direction that the said amount as reported by the office that has been deposited before the Commission be released to the applicant together with interest accrued thereon, if any within 15 days.
6. In the event the applicant is able to produce any evidence with regard to the deposit of the amount of Rs.1,40,199/- at this Commission through any Bank Draft or otherwise it shall be open to them to move an appropriate application for release.
7. The Application is disposed of with the said directions.
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