No. 9/10.07.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Uday Ch. Jha, the Ld. Advocate and Respondent through Mr. Sukesh Ch. Halder, the authorized representative are present.  In course of hearing of this appeal a proposal for settlement was discussed.  Mr. Jha, the Ld. Advocate for the Appellant taking instruction from his client informs this Commission that his client being the Appellant is agreeable to supply a new refrigerator of current model to the sole Respondent – Complainant at the same price in which the original refrigerator sold to the Complainant – Respondent.  In case the Complainant chooses any model of refrigerator of the Appellant of a higher price, the Complainant is entitled to take the same upon payment of difference of the price in cash.  The Appellant also shall furnish due warranty in respect of the new refrigerator to be supplied in terms of the present settlement.  Sole Respondent – Complainant will return at the same time the earlier refrigerator lying with the Respondent in respect of which the dispute had arisen.  We make it clear that in view of the settlement arrived at between the parties no compensation is payable by either of the parties.  As the authorized representative of the sole Respondent – Complainant intimates this Commission according to his pre-scheduled programme he will have to remain out of station for a period of three months from 15^th July, 2009, we grant four months’ time for implementation of this order by consent of the parties.  Complainant in receiving the new refrigerator and returning the old refrigerator and paying balance of price, if any, will be entitled to function himself or through his father, Mr. Sukesh Ch. Halder (authorized representative).  In view of the settlement arrived at between the parties by consent of parties Execution Case being No. 11 of 2009 pending before the Ld. District Forum at Barasat is permanently stayed.

A certified copy of this order be delivered in course of this day, if applied for.