Assam

StateCommission

CC/33/2017

Sri Tuplu Dey - Complainant(s)

Versus

M/s Ashiyana Developers, Represented by its Managing Partner, Shamim Ahmed - Opp.Party(s)

Mr. H. K. Gogoi

08 Aug 2022

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Complaint Case No. CC/33/2017
( Date of Filing : 03 Nov 2017 )
 
1. Sri Tuplu Dey
S/o Late Taresh Ranjan Dey R/o House No. 64, Bye lane No. 11, Basistha Nagar, Durga Bari Road, P.O., P.S.-Basistha, Guwahati-29
Kamrup(M)
Assam
...........Complainant(s)
Versus
1. M/s Ashiyana Developers, Represented by its Managing Partner, Shamim Ahmed
A Partnership Firm having its registered Office at Dakhingaon, Kahilipara, Guwahati-19
Kamrup(M)
Assam
2. Shamim Ahmed
S/o Late Sulaiman Ali R/o Dakhingaon, P.O.-Kahilipara, P.S.-Dispur, Guwahati-781019
Kamrup(M)
Assam
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Prasanta Kumar Deka PRESIDENT
 HON'BLE MR. Sushil Kumar Sarma MEMBER
 HON'BLE MR. Tapas Kumar Ghosh MEMBER
 
PRESENT:
 Ms. A. Ahmed, Advocate for the Opp. Party 0
 Ms. A. Ahmed, Advocate for the Opp. Party 0
Dated : 08 Aug 2022
Final Order / Judgement

 

            Ms. A. Ahmed, learned counsel, is present representing the opposite parties M/s Ashiyana Developers and Ors. Ms. Ahmed has submitted a Deed of Agreement executed on 10-01-2022 duly notarized. The said agreement was executed by Mr. Shamim Ahmed on behalf of opposite parties M/s Ashiyana Developers and Ms. Rupan Dey, wife of the complainant. It is submitted that the complainant Sri Tuplu Dey is service the Indian Arma for which he is unable to come to Guwahati to execute the said Deed of Agreement. As per the said agreement, Ms. Rupan Dey is bonafide attorney holder of the complaint Sri Tuplu Dey. Accordingly, we have accepted the said deed of agreement. The terms of the said deed of agreement is reproduced herein below.

1. That, the second party has agreed to withdraw the above noted which was filed against the first party.

2. That the first party has executed the final sale deed in the name of the second party in respect of the aforesaid flat.

3. That after execution of this Deed of Agreement, the second party shall not raise any claim or objection or file any case before any court, police or any other concerned against the first party.

 

There is no representation on behalf of the complainant. However, it is submitted

by Mr. Ahmed that in terms of the said Deed of Agreement, M/s Ashiyana Developers has executed the final sale deed in the name of the complainant and as such, this complaint may be disposed of on compromise.

                        We are satisfied with the submission made by the learned counsel for the opposite parties. Accordingly, this complaint stands disposed of on compromise.

 
 
[HON'BLE MR. JUSTICE Prasanta Kumar Deka]
PRESIDENT
 
 
[HON'BLE MR. Sushil Kumar Sarma]
MEMBER
 
 
[HON'BLE MR. Tapas Kumar Ghosh]
MEMBER
 

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