This complaint is filed by the Complainant u/S 35 of the Consumer Protection Act, 2019 against the OPs praying for direction to the OP-1 to refund an amount of Rs.9,69,632/- to him along with an interest Q18% p.a. In the prayer portion the Complainant has also sought for direction upon the OP-1 to pay compensation to the tune of Rs.10,00,000/- and litigation cost of Rs.5,00,000/- to him.

The record speaks that after admission of this complaint notices were issued upon the OPs, but inspite of receipt of the notices the OPs did not turn up to contest the complaint either orally or by filing written version. Hence this Ld. Commission was pleased to pass an order on 21.12.2020 that the complaint will run exparte against all the OPs. On 21.01.2021 when this complaint was fixed for adducing evidence and the Complainant by filing a petition had prayed for treating the petition of complaint as his evidence, on the same date Ld. Advocate for the OPs had submitted vokalatnama and prayed time for filing written version. But as the complaint had already been fixed for exparte argument, and having no power to vacate the said order, this Ld. Commission was pleased to reject the prayer of the OPs for filing written version. On 15.02.2021 the it was submitted that being aggrieved with the order dated 21.12.2020 the OP-4 had preferred Revision before the Hon’ble SCDRC, which is still pending. For this reason the OP-4 was directed to submit the photocopy of the order passed by the Hon’ble SCDRC on the next date, otherwise argument will be taken up. On the same date subsequently the Ld. Counsel for the Complainant filed a petition duly signed by the Complainant himself stating that the dispute had already been resolved by way of amicable settlement outside this Ld. Commission. For this reason the Complainant is not inclined to proceed with this complaint further.

In view of the said settlement petition filed by the Complainant the OP-4 by filing an application praying for ‘Not Pressed’ of the Revision Petition no-07/2021 filed by the OP-4. Accordingly the Hon’ble SCDRC has been pleased to dispose of the said Revision Petition as ‘Not Pressed’.

Upon considering the petition filed by the Complainant we are of the view that as the grievance and dispute has been settled by and between the parties amicably out of the Court and where the Complainant himself is inclined to withdraw the complaint by putting his signature on the petition, hence we are inclined to allo the petition filed by the Complainant.

Going by the foregoing discussion hence it is ordered that the Consumer Complaint being no-CC/216/2020 is hereby disposed of as withdrawn/non-prosecution.

Let plain copy of this judgment/final order be given to the parties free of cost as per the CPR.

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER