Orissa

StateCommission

A/423/2015

Mahindra & Mahindra Ltd. - Complainant(s)

Versus

Hemant Pradhan - Opp.Party(s)

M/s. S.C. Pradhan & Assoc.

12 Mar 2019

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/423/2015
( Date of Filing : 22 Aug 2015 )
(Arisen out of Order Dated 28/07/2015 in Case No. CC/13/2015 of District Jharsuguda)
 
1. Mahindra & Mahindra Ltd.
Automotive Sector, Mahindra Towers, 3rd Floor, Akruli Road, Kandivili E, Mumbai.
...........Appellant(s)
Versus
1. Hemant Pradhan
S/o- Late Jay Pradhan, Beheramal, Industrial Estate, Jharsuguda.
2. B.M., OSL Auto Care(P) Ltd.
Unit of OSL Autocare Pvt. Ltd., Bye pass Road, Ekatali, Jharsuguda.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE B.K. Patel PRESIDENT
  Smarita Mohanty MEMBER
 
For the Appellant:M/s. S.C. Pradhan & Assoc., Advocate
For the Respondent: M/s. R.K. Pattnaik & Assoc., Advocate
Dated : 12 Mar 2019
Final Order / Judgement

      Learned counsel for the parties are present.

      Respondent No.1/complainant has also present in person.

      As directed by order dated 7.3.2019, in view of submissions and undertaking made on behalf of the parties, learned counsel for the appellant submits that the vehicle has been brought to the premises of the Commission. The complainant being accompanied by a driver  inspects and makes a test drive of the vehicle in presence of Mr B.K.Sinha, learned advocate who was requested by us to be present at the time of inspection.

     Upon inspection, it is submitted by the learned counsel for  respondent No.1/complainant that in view of changed circumstances, respondent No.1/complainant is ready to take delivery of the vehicle today in the premises of the Commission and undertakes not to pursue execution of the impugned award. A memo to that effect is filed by the learned counsel for respondent No.1/complainant.

     Learned counsel for the appellant submits that in view of the submissions made on behalf of respondent No.1/complainant, the direction No.1 made in the impugned order stands satisfied. Since submission has been made and memo has been filed to the effect that respondent No.1/complainant shall not proceed with the execution of the impugned order, the direction No.2 for payment of compensation has also become redundant. It is stated that there remains nothing to be decided in the appeals and the appeals may be disposed of in view of settlement between the parties.

     It is rightly submitted that in view of submissions made by the complainant and learned counsel for the complainant and also in view of the memo filed by the learned counsel for the complainant, there remains nothing to be decided in the appeals.

     Hence, the orders impugned in both the appeals are set aside. Both the appeals are disposed of accordingly.

     Record received from the District Forum be sent back forthwith.

 
 
[HON'BLE MR. JUSTICE B.K. Patel]
PRESIDENT
 
[ Smarita Mohanty]
MEMBER

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