Present:- Mr. Sikander Bakshi, counsel for the appellant.
Dr. Ashwani Sharma, respondent-complainant in person along with Mr. Nirmal Sharma, counsel for respondent
Mr. Sikander Bakshi, learned counsel for appellant has suffered following statement.:-
“Stated that the site was inspected by both the parties and the complainant is satisfied that the plot is clear and the sewerage main hole is outside the plot in question. Hence, present appeal be dismissed as withdrawn being fully satisfied as per Annexure R-1 to R-3”.
In view of above statement suffered by learned counsel for appellant; documents Annexure R-1 to R-3 are taken on record of this appeal.
Thereafter, Dr. Ashwani Sharma, respondent-complainant who has appeared in person, suffered following statement:-
“Stated that I am complainant-respondent in this appeal. Main hole has now been covered by HUDA and I am presently utilizing my plot. I am fully satisfied with the work done by HUDA. I have no subsisting grievance against HUDA anymore”.
2. Keeping in view totality of facts emerging from documents Annexure R-1 to R-3 and from statement of learned counsel for appellant, as well as, from statement of Dr. Ashwani Sharma, respondent-complainant; this Commission is of view that grievance of complainant-respondent as raised by him in the complainant stand fully redressed. More-so complainant has also expressed his satisfaction with the work done by HUDA, regarding covering of main hole, outside the plot in question.
3. Hence, this Commission thus finds that more nothing survives for adjudication by this Commission so far as this appeal is concerned. Accordingly, this appeal is hereby disposed of, having become infructuous on account of satisfaction expressed by complainant-respondent regarding work done by HUDA regarding covering of main hole outside the plot. It is ordered accordingly. File be consigned to record room.
4. Statutory amount of Rs.4,000/- deposited by appellant at the time of filing present appeal be refunded to it (appellant) against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.
Pronounced on 07th October, 2024.
S.C. Kaushik Naresh Katyal Member Judicial Member Addl. Bench Addl. Bench