Uttarakhand

StateCommission

MA/7/2020

Sahkari Garh Nirman Samiti & another - Complainant(s)

Versus

Ashok Kumar Singhal - Opp.Party(s)

Vaibhav Jain

06 Jan 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND
23/16, Circular Road, Dalanwala, Dehradun, Uttarakhand 248001
Dehradun-248001
Final Order
 
Miscellaneous Application No. MA/7/2020
( Date of Filing : 29 Dec 2020 )
In
First Appeal No. A/13/126
 
1. Sahkari Garh Nirman Samiti & another
Bilkeshwar Nagar, Haridwar Teh. & Distt. Haridwar through its President and Auth. Sig. Virendra Kumar Chadha
Haridwar
Uttarakhand
...........Appellant(s)
Versus
1. Ashok Kumar Singhal
s/o Atmaram r/o H.No.K-20, Shivalik Nagar,BHEL, Ranipur
Haridwar
Uttarakhand
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE D.S. Tripathi PRESIDENT
 
PRESENT:
 
Dated : 06 Jan 2021
Final Order / Judgement

Heard Sh. Vaibhav Jain, learned counsel for the applicants through video conferencing.

This miscellaneous application has been filed by the applicants for releasing the amount of Rs. 25,000/-, which was deposited by the applicants towards mandatory deposit while filing First Appeal No. 126 of 2013; Sahkari Grah Nirman Samiti Ltd. and another Vs. Sh. Ashok Kumar Singhal.

Learned counsel for the applicants submitted that the consumer complaint No. 254 of 2011; Sh. Ashok Kumar Singhal Vs. Sahkari Grah Nirman Samiti and another, was allowed by the District Commission, Haridwar vide judgment and order dated 04.04.2013, against which the aforesaid appeal was filed by the applicants before this Commission, which was disposed of by this Commission vide judgment and order dated 17.11.2014.

Aggrieved, both the parties filed separate revision petitions before the Hon’ble National Commission bearing Revision Petition No. 49 of 2015; Sahkari Grah Nirman Samiti Ltd. and another Vs. Sh. Ashok Kumar Singhal and Revision Petition No. 231 of 2015; Sh. Ashok Kumar Singhal Vs. Sahkari Grah Nirman Samiti Ltd. and another.  In the said revision petitions, both the parties arrived at an amicable settlement and both the parties had filed a joint affidavit.  The revision petitions were disposed of by the Hon’ble National Commission vide order dated 04.04.2019, as settled and withdrawn.

Thus, the dispute between the parties has been amicably settled by way of compromise arrived before the Hon’ble National Commission and there remains no lis between the parties.

Considering the aforesaid facts and circumstances of this case, the grounds of this miscellaneous application appear to be proper and justified. 

Accordingly, the miscellaneous application is allowed and the aforesaid amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) deposited by the applicants at the time of filing the appeal, be released in favour of the applicants.

Let the record be consigned.

 
 
[HON'BLE MR. JUSTICE D.S. Tripathi]
PRESIDENT
 

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