Refund o deposite amount
shrikant
(Querist) 06 February 2012
This query is : Resolved
Respected members
district consumer forum has decide one case in favaor of complainant and directed electricity company to pay compensation to
complainant .we filed appeal along with condonation of delay & Depositing 80000(compensation amount) against the order before Hon'ble state commission,meanwhile complainant filed contempt petition as per section 27 of consumer protection act before forum we have raised objection in contempt petition The forum revised the order and decline /denied to grant compensation to the complainant meanwhile Hon'ble state commission Rejected the condonation of delay Application My question is whether electricity company can ask for Refund of the compensation amount which is deposited in state commission while filing appeal? Thanks in Advance
Deepak Nair
(Expert) 06 February 2012
An order once passed by the forum cannot be revised by the forum and the same can be revised only by the state commission.
I an surprised and confused by hearing that the compensation awarded was later denied in the execution petition. If it is, then this is illegal.
since the application for condonation is rejected, the appeal too is rejected.
therefore, you cannot ask for refund of the amount deposited. You have to deposit the remaining amount of compensatoin with the court.
ajay sethi
(Expert) 06 February 2012
as rightly pointed out by deepak nair once application for condonation of delay is rejected the appeal fails . you have to comply with order of district forum and pay compensation awarded by district forum . no question of refund of compensation amount depsoited in state commission . it will be paid to complainant
adv. rajeev ( rajoo )
(Expert) 06 February 2012
when delay condonation application is rejected appeal it self is not maintainable. Refund cannot be asked by elektricity co.,
Shonee Kapoor
(Expert) 10 February 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
