Today the matter is fixed for hearing.
In terms of the earlier order, appellant, Sri Biswajit Roy is present before this Commission and the matter is settled between the parties amicably and consequent thereto a compromise petition between the parties is filed.
Heard Mr. Kushal Deb, Ld. Counsel as well as Mr. Sovan Mahajan, Ld. Counsel appearing on behalf of the appellant.
Also heard Mr. Subrata Roy, Ld. Counsel appears on behalf of the respondent-complainant, Smt. Soma Barman.
As the matter is settled between the parties, the terms and conditions are as under:-
- That, the Appellant handed over the Flat to the Complainant-Respondent on 16.11.2018 and subsequently transferred title of the Flat Number A-101 on the First Floor measuring 1034 Sq. Ft. in the name of the complainant-respondent on 12.02.2019.
- That, the Appellant further agreed to pay Rs. 1,00,000/- (One Lakh) as one time settlement amount towards compensation to the complainant-respondent.
- That, the complainant-Respondent shall also be at liberty to withdraw Rs. 25,000/- (Rupees Twenty Five Thousand) as deposited by the appellant at the time of filing this instant appeal being the statuary deposit.
- That, the appellant submitted Rs. 25,00,00/- each as a statutory deposit in 3 different cases i.e. Rs. 75,00,00/- in aggregate in vide case nos’ A/07/2018, A/09/2018 and A/11/2017 (already disposed off) before this Hon’ble Commission. That, the complainant-Respondent is entitled to withdraw the statutory deposit amounting to Rs. 75,00,00/-in aggregate as deposited in case nos’ A/07/2018, A/09/2018 and A/11/2017 (already disposed off) before this Hon’ble Commission as per the settlement and she is authorised to withdraw the aforesaid amount. The appellant shall not raise any claim regarding the aforementioned statutory deposits in the above stated cases.
- That, the appellant will not pay any further compensation to the Complainant-Respondent as the amount mentioned in the Column No. (ii) is the full and final settlement.
- That, the appellant as well as the Claimant-respondent has no further claim with respect to the present case from each other.
- The terms and conditions of this compromise shall be binding upon both the appellant and the complainant-respondent and along with their successor, survivors and any other person/persons claiming under them.
- The appeal be disposed of in terms of this compromise petition by treating this petition as a part of the Order/Judgement.
As per the terms and conditions of settlement, the appeal is disposed of and the compromise petition shall be treated as a part of this order.
In terms of earlier orders passed by this Commission is stands vacated.
Office is directed to release the statutory deposit amounting to Rs.25,000/- in favour of the respondent-complainant, Smt. Soma Barman by issuing an A/C payee cheque and the same may be handed over to her or to her authorised competent person on proper receipt and identification by her Ld. recorded Advocate.
It is made clear that appellant shall not raise any claim for the statutory deposit deposited by him in the instant appeal.
In the result, the appeal is disposed of.
Send down the records to the learned District Forum, West Tripura, Agartala with a copy of this order.
