No. 4/04.06.2010.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Barun Prasad, the Ld. Advocate, Respondent No. 1 through Mr. Sudas Mondal, the Ld. Advocate, Respondent No. 2 through Mr. Bholanath Sarkar, the Ld. Advocate and Respondent No. 3 through Mr. Arindam Mukherjee, the Ld. Advocate are present.  The Ld. Advocate for the Respondent No. 3 files Vokalatnama.  Upon hearing the matter when we were considering that the first agreement between the parties dated 29.04.2002 was given a go by in the second agreement dated 05.10.2006 entered into for the second flat, it has been argued by Appellant that documents annexed to the Written Version being letters dated 04.01.2008. 29.03.2008, 08.01.2008. 02.04.2008 and bank statements (pages 121 to 127 of the brief) indicate subsequent settlement between the parties and, therefore, impugned order cannot stand solely on the basis of first agreement.  At this stage the Respondent No. 1 who was the Complainant in the Forum expressed not to press the complaint with liberty to approach Civil Court for appropriate relief.  In the circumstances we allow the appeal and set aside the impugned order.  On the prayer of Ld. Advocate for the Complainant – Respondent No. 1 complaint is dismissed as not pressed and parties are at liberty to take up appropriate proceeding including a civil suit before an appropriate Forum.  We make it clear that none of the points taken in the complaint is decided on merit.