Chandigarh

StateCommission

A/339/2018

Omaxe Ltd - Complainant(s)

Versus

Durga Das - Opp.Party(s)

Sanjeev Sharma Adv.

08 Jan 2019

ORDER

Service of respondent No.1 is complete.

2.                Ms. Anamika Mehra, Advocate has put in appearance on behalf of respondent No.1/complainant by filing her Vakalatnama, which is taken on record.

3.                As per office note, report qua notices sent to respondents No.2 & 3 through ordinary post on 30.11.2018 has not yet been received. It may be stated here that respondents No.2 & 3/opposite parties No.1 & 2 were exparte before the Forum.

4.                This appeal has been filed against judgment dated 26.09.2018 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short ‘the Forum’), imposing joint and several liability upon the appellant and respondents No.2 & 3/opposite parties No.1 & 2.

5.                At the time of arguments, Ms. Anamika Mehra, Advocate, Counsel for respondent No.1/complainant has brought to our notice that Hyundai i20 car has been handed over by respondent No.2/opposite party No.1 to respondent No.1/complainant and the amount also stood paid. 

6.                In view of above, Sh. Sanjeev Sharma, Advocate, Counsel for the appellant states that this appeal has become infructuous.

7.                Accordingly, the appeal stands disposed of having become infructuous.
8.                In view of disposal of appeal in the manner referred to above, it is ordered that let both the amounts i.e. Rs.25,000/- deposited by the appellant at the time of filing the appeal and Rs.3,00,000/- deposited subsequently under order passed by this Commission on 27.11.2018, be released in favour of the appellant, alongwith interest, which may have accrued on the Fixed Deposit Receipt.    

9.                Accountant of this Commission should ensure the correctness of the particulars of the cheque to be prepared in favour of the party concerned, before issuing the same.  

10.              Needful be done within seven working days from today.

11.              Certified copy of the order be supplied to the parties free of charge.