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Judgment
These cases were taken up together.
Earlier the said MA was taken up on 09.09.2025 and following orders were passed:
“1.This MA was taken up on 19.06.2025 and 22.08.2025. The order dated 22.08.2025 is reproduced as below:
This matter was taken up on 19.06.2025 and the following order was passed:
1.MA/291/2025 has been filed seeking release of the amount deposited with this Commission. The FA/173/2025 filed by the applicant/ appellant in the said FA was dismissed as withdrawn vide this Commission’s order dated 28.05.2025. The applicant/ appellant contends that the State Commission, vide its order dated 19.05.2025, has returned the said complaint on account of pecuniary jurisdiction for presentation before the National Consumer Commission.
2.The respondent/ non-applicant is also represented today through Advocate Mr. Praveen Kumar, who states that he will shortly be filing an appeal challenging the said order dated 19.05.2025 of the State Commission, and hence, for some more time, the said amount may not be released. Accordingly, the orders on MA are deferred for the time being.
3.List the matter on 22.08.2025.
2.Learned Counsel for the Respondent submits that they have already filed an Appeal being FA/414/2025 challenging the order dated 19.05.2025 of the State Commission and the same is now listed on 27.08.2025.
3.In view of this, let this MA be also listed along with FA/414/2025 before the same Bench. Decision on release or otherwise will be taken up after hearing on the next date the FA/414/2025.
2.In pursuance to the said order, FA No.414 of 2025 was filed by the Respondents herein which was taken up first before taking up the MA in question. The said FA has since been withdrawn by the Appellants with liberty to file fresh Complaint for which they have been granted two weeks’ time.
3.In case a fresh Complaint is filed within two weeks, this MA shall be heard at the stage of admission of the Complaint and the Registry may list the Complaint immediately after its filing after two weeks.
4.In case no Complaint is filed within two weeks, on the next date of hearing, decision on the MA will be taken on merits based on available records.
5.List the matter on 14.10.2025."
Subsequent to the said order dated 09.09.2025, a fresh Consumer Complaint No. 123 of 2025 has been filed on 30.09.2025. At the outset, counsel for the complainant submitted that the possession of the units in question has since been taken by all the complainants and the OC has also been obtained by the Opposite Party. However, he alleges that all the promised amenities/facilities were not provided. However, in the complaint, the list of such deficient/lacking amenities/facilities has not been furnished. Further, under prayer (ii), the basis for calculation of the compensation amount of Rs.1.75 Crores for the substandard flats and amenities has not been given. The counsel for the complainant admits that the complaint suffers from certain mistakes and deficiencies and seeks time for its rectification/modification. At his request, he is granted another two weeks' time to file an amended complaint clearly bringing out his case with all relevant details.
MA/291/2025
This MA has been filed for release of an amount of Rs. 1,44,50,000/- which was deposited as a statutory deposit, being a condition precedent for filing the First Appeal before this Commission (FA/173/2025). The said First Appeal was dismissed as withdrawn vide this Commission's order dated 28.05.2025. The appeal was withdrawn since the complaint before the State Commission itself was closed on account of territorial jurisdiction, and the State Commission, as per their order dated 19.05.2025, returned the file to the complainant for presenting it before the National Commission. Hence, the counsel for the applicant, who was the appellant in the said FA, contends that he has a right to get his statutory deposit released, especially considering that as on today no proceedings are pending before the State Commission, there is no decree against him, and the fresh complaint filed by the complainant, i.e., CC/123/2025, has not even been admitted today, being defective. After hearing both sides, we see merit in the contentions of the applicant in the said MA and are of the considered view that, in view of the dismissal of FA/173/2025 and considering that there is no decree against them as on today in the case in context of which such a deposit was made, and the fresh complaint has not been admitted yet, we hereby direct the Registry to release the said statutory deposit after due verification within one week from today.
With the above observations MA/291/2025 stands disposed off.
As regards CC/123/2025, the complainant is granted two weeks' time to file a modified complaint, with copy (complete paper book) to the other side under due acknowledgment.
List on 20.11.2025.