West Bengal

Cooch Behar

CC/109/2013

Nilkamal Saha, - Complainant(s)

Versus

Bajla Motors Pvt. Ltd., - Opp.Party(s)

31 Oct 2013

ORDER

District Consumer Disputes Redressal Forum
B. S. Road, Cooch Behar
Ph. No.230696, 222023
 
Complaint Case No. CC/109/2013
 
1. Nilkamal Saha,
S/o. Nimai Ch. Saha, Madhya Sitalkhuchi, P.O. & P.S. Sitalkhuchi, Dist. Cooch Behar-736158.
...........Complainant(s)
Versus
1. Bajla Motors Pvt. Ltd.,
Check Post, Near Baburhat, Cooch Behar-736101.
............Opp.Party(s)
 
BEFORE: 
 
For the Complainant:
For the Opp. Party:
Dated : 31 Oct 2013
Final Order / Judgement

Date of Filing : 12/09/2013                                        Date of Order : 31/10/2013

Order No.2, dated 31/10/2013.

            The Ld. Agent of the Complainant is present.

         The Ld. Adv. for the O.P has appeared by filing petition stating that this case has been amicably settled between the parties in content by an agreement and it has been executed and he has prayed for an adjournment to file W/V.

           The application, filed by the Ld. Agent for the Complainant dated 31/10/2013 in Bengali, purporting amicable settlement between the parties in the Complainant self signed and for the O.P, Ld. Adv. signed with an endorsement as seen with signature and date 31/10/2013 speaks that due to misunderstanding, the Complainant has filed the instant case against the O.P, Bajla Motors Pvt. Ltd. on 12/09/2013 befor this Forum, alleging defects in his purchased Tata Venture (C Gold) being Chasis nO.MA-483569 cya 01645, Engine No.475 IDT 18 AXYS 15921 on the point of defect colour inside which was admitted by the O.P and inspite of assurance to change the defective vehicle if neglected to cure the defect and/or change the said vehicle delivered on the ground that it has been registered and it is not possible to change the vehicle and delivered another vehicle.

          On the other hand on being insisted to change the vehicle, he was treatend and as such the Complainant filed the instant case for deficiency in service as a consumer claiming Rs.9,91,160/-. Whereas in the amicable settlement/agreement, he stated that he had filed the instant case due to misunderstanding.

           May whatever it be, we heard both sides Ld. Advocates in open Forum who have submitted authenticity of amicable settlement and also authenticity of satisfaction of the Complainant by such amicable settlement and submits that it does not require to file the original solename/amicable settlement containing terms and made of settlement and parties in contest are satisfied, we find in not an utmost measure to insist the parties to file the copy of the said so stated agreement before this Forum for future record. Let it be kept in the C/R.

           Accordingly, we decide the instant case as disposed of interms of prayer and hence the prayer of the Ld. Adv. for the O.P to adjourn the case today, being infectors, in respect of date for filing W/V stands rejected and amicable settlement is being accepted.

             Therefore, it is ordered, that the case be and the same is disposed of on amicable settlement treating it as withdrawn.

 

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