On 07.02.2022 the Ld. Counsel for the Complainant has filed an application stating that as the grievance of the Complainant have already been redressed out of the Court, the Complainant is not intending to proceed with this complaint. In support of his contention the Complainant has also field a photocopy of the sale deed, executed and register in his favour by the OP-1 in respect of the suit flat. According to the Complainant if this application is not allowed, he will suffer irreparable loss and injury and prayer is made by the Complainant for allowing this application.

We have carefully perused the content of the application filed by the Complainant on 07.02.2022. In our considered view as the dispute of the Complainant has been resolved by the OP-1 by way of amicable settlement out of Court and where the Complainant is not inclined to proceed with this complaint further, hence we no objection to the prayer of the Complainant. We have also noticed that during pendency of this complaint the OP-1 had executed and register the sale deed in favour of the Complainant in respect of the flat.

Going by the foregoing discussion hence it is ordered that the Consumer Complaint being no-CC/68/2021 is hereby dismissed as withdrawn. There is no order as to cost.

The MA being no-19/2022 is filed by the OP-2 challenging the maintainability of the consumer complaint being no-CC/68/2021.

As the Complainant has withdrawn the complaint on the ground that the OP-1 has settled the dispute by way of amicable settlement out of the Court, hence this MA-19/2022 has lost its force and consequently the MA-19/2022 is also hereby dismissed. There is no order as to cost.

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

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER