West Bengal

Kolkata-II(Central)

CC/503/2018

Goutam Das - Complainant(s)

Versus

Capital First Ltd. - Opp.Party(s)

Avijit Bhuina

31 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/503/2018
( Date of Filing : 29 Nov 2018 )
 
1. Goutam Das
37/1, Talabagan Colony, Baranagar (M), P.S. Baranagar, North 24 Parganas, Kolkata-700090.
...........Complainant(s)
Versus
1. Capital First Ltd.
Tower 2A and 2B, 10th Floor, Head Office Senapati Bapat Marg, Lower Parel (West), Branch Office 6t Floor, Block-C, Apeejay House, Park Lane, near Park Hotel, P.S. Park Street, Kolkata-700016.
2. Dewan Housing Finance Ltd.
1 and 1A of 8/1, Middleton Street, 1st Floor, Somenath Estate, P.S. Shakespeare Sarani, Kolkata-700071.
3. IDFC First Bank Ltd.
15, Park Street, Apeejay House, 6th Floor, Block-B, Kolkata-700016.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Mahanty PRESIDENT
 HON'BLE MRS. Sahana Ahmed Basu MEMBER
 HON'BLE MR. Ashoke Kumar Ganguly MEMBER
 
PRESENT:Avijit Bhuina, Advocate for the Complainant 1
 
Dated : 31 Aug 2022
Final Order / Judgement

Order No.40              Date-31.08.2022

 

            Record is put up on the prayer of the complainants.

            Complainants file an application praying for disposal of the case on the ground that the consumer disputes  between the parties have been settled amicably out of the commission. Copy served.

            Heard the Ld. Advocate for the complainants who submits that during pendency of the instant consumer case the disputes between the parties have been amicably settled out of the commission in terms of the settlement letter dated 26.08.2022. He further submits that the complainants have already deposited the settlement amount of Rs. 40,000/- to the OP-3 Capital First Bank Ltd. vide receipt dated 26.08.2022. Thus, he prays for dismissal of the complaint. The Ld. Advocate appearing for the OPs submits that in terms of the settlement dated  26.08.2022 the complainants have already deposited  the settlement amount and they have no objection, if the complainants withdraw the case against them.

            Having heard both sides and on perusal of the impugned application coupled with settlement letter dated 26.08.2022 and money receipt, it appears to us that the complainants have already paid the settlement amount of Rs. 40,000/- to the OP-3 Bank on  26.08.2022. Therefore, continuation of the instant consumer case is abuse of process and wastage of time. Thus, we allow the prayer of the complainants.

Hence,

Ordered

That the consumer case is disposed of as prayed by the complainants but without any cost. The record need not be put up on 05.09.2022.

In view of disposal of the case, Miscellaneous Application being No. 335/2022 is infectious and interim order,  if any is hereby vacated.

Thus, MA being No.  335/2005 is disposed of.

 
 
[HON'BLE MR. Swapan Kumar Mahanty]
PRESIDENT
 
 
[HON'BLE MRS. Sahana Ahmed Basu]
MEMBER
 
 
[HON'BLE MR. Ashoke Kumar Ganguly]
MEMBER
 

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