Learned Counsels for the Complainant and Opposite Party are present. 

 

The Complainant has filed the complaint petition with a prayer   for a direction to Opposite Parties to return the two numbers  of cylinder to Complainant forth with or otherwise to pay a sum of Rs.25,000/- towards the cost of the cylinders, Rs.20,00,000/- towards loss caused in research works in the institution of the Complainant and Rs. 10,000/- towards litigation expenses.

 

During the course of hearing, Learned Counsel for the Opposite Parties submitted that the complaint petition is barred by law of limitation and the Opposite Parties are not liable to pay any compensation as prayed for by the Complainant.

 

Learned Counsel for the Opposite Parties filed a memo enclosing copy of letter dt. 19-07-2022 issued by one Abhijt Sanyal, (Authorized  Person), Registered Office, Linde India Limited, Kolkata-700088 addressed to him stating that Opposite Parties are agreeable to provide two numbers of Nitrogen Cylinder to Central Rice Research Institute/Complainant. Memo be kept in record.  

 

Copy served on Learned Counsel for the Complainant.

 

Heard both the Learned Counsels appearing on behalf of the parties.

 

Counsel of Complainant has no objection to the said proposal and letter dt. 19-07-2022 of Linde India Limited. 

 

Considering the Memo so filed by the Opposite Parties and taking into consideration the letter dt. 19-07-2022 issued by Linde India Limited we dispose of the complaint case with a direction to the Opposite Parties to return, two Nitrogen cylinders, to the Complainant within one month from the date of receipt of this order. Counsel of Opposite Parties also undertake to supply said two cylinders within one month  from the date of this order.  In view of such fact we are not inclined to pass any order to give compensation and litigation cost to the Complainant.

 

Accordingly complaint petition is disposed of.