FINAL ORDER
Samaresh Kumar Mitra,Member.
This complaint has been filed by the complainant u/s 12 of C.P. Act, 1986 praying for an order upon the OP to refund the earnest amount of Rs.50,000/- alonwith interest @10% from 06.05.2014,and to pay a sum of Rs.15,000/- for litigation cost and a sum of Rs.30,000/- compensation for mental agony and harassment and to pass such other order or orders as this Forum would deem fit and proper.
The brief fact of the case is that he intended to purchase a flat and visited the office of the developer i.e the OP No.1 and met with OP No.2 and being satisfied with terms and conditions he entered into agreement with the above noted Ops. He issued a cheque amounting to Rs.1,00,000/- in favour OP No.3 and Rs.40000/- in favour of Soumen Roy following the agreement for sale. Even After lapse of two years the Ops could not deliver the flat and the earnest money on several requests. Getting no alternative the complainant filed the instant complaint before this Forum for getting Redressal as stated earlier.
Ops appeared in this proceedings but no written version filed. That on 19.5.2017 the complainant filed a petition stating that the matter has been amicably settled between the parties and he is not interested to proceed with the case. That on 04.08.2017 the complainant filed another petition with affidavit that the dispute has been settled out of court and the OP No.3 issued him a cheque amounting to Rs.40000/- but the said cheque has been dishonored and thereafter the said OP No.3 handed over the amount in cash. So there is no grievance against the OPs and prayed to dispose the complaint case.
Heard the parties/ agents, perused the case record we find that there is no impediment to dispose the case being amicably settled in between the parties and the petition that filed by the complainant is a part of this order.
ORDER
Hence ordered that the Complaint.Case being No.203/2016 be the same is disposed due to amicable settlement between the parties.
Let plain copy of this order be made available and be supplied, free of cost, to the parties in person, Ld. Advocate/Agent on record, by hand under proper acknowledgement/be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Dictated and corrected by me. Sri samaresh Kr. mitra, Member.