Presented by Sri P.N.Dash, President .
The Complainant filed a complaint case against the Opposite Parties on Dt.22/01/2010 for realization of Rs. 4,90,000/-(Rupees four lakh ninety thousand)only arrear amount along with the vehicle i.e. Truck with pendentelite interest of the arrear amount since from the date of filing the case till to the date of actual realization of it with unsigned cheques of the Complainant and other relevant documents of the case which are at the custody of the Opposite Parties now, within thirty days from the date of the final order. Complainant prayed to the Forum to avail other equitable reliefs deemed to be get. The Complainant filed xerox copies of relevant documents which are verified and found to be true. The Complainant has not prayed for any compensation from the Opposite Parties on the ground of deficiency in services in their part towards the Complainant.
The case of the Opposite Party No.1(one) is that he is the financing company filed his version and documents on Dt.09/08/2010 by supporting his cause but later made a compromise with the Complainant out side the Court. Opposite Party No.2(two), the Arbitrator of the Arbitration Court remained absent through out the period of the case at this Forum inspite of proper notice and set ex-parte on Dt.23/07/2010.
The real dispute lies in between the Complainant and Opposite Party No.1(one) is that the settlement between both the Parties was settled at Rs. 50,000/-(Rupees fifty thousand) only and the same was intimated to the Forum in presence of the Complainant on Dt.13/02/2012 vide letter Dt.29/010/2010 issued by Opposite Party No.1(one) (Finance Company). Opposite Party No.1(one) submitted the letter of final settlement in presence of the Complainant at the Forum and submitted 'memo' to that effect on the same day at the Forum. But the Complainant claimed that the same letter which was submitted at the Forum should issue to him by the Opposite Party No.1(one) for his future reference on this matter which the Opposite Party No.1(one) disagreed on the ground that no where in the prayer of the Complainant the same matter is agitated nor prayed by the Complainant at this Forum. So it is a matter of beyond pleading, hence not permissible in accordance with law. In their support none has filed any decision in their support.
Heard the counsels, perused the record and the Forum comes to such findings that:-
As the Opposite Party No.1(one) submitted the letter as a proof of on behalf of him having signature of the Complainant which shows that the letter was properly served for the purpose of final settlement between both the Parties, in presence of the Complainant at the Forum along with a 'memo' of submission thereon which prove that the matter of compromise and settlement are over with a successful end.
As the Complainant has not prayed anywhere in the complaint petition nor prayed to the Forum for that during the course of trial. Opposite Party No.1(one) is not bound to give the said letter or its copy on behalf of him to the Complainant at all.
The Complainant may obtain certify copy of the same from the Forum by proper application and it will be available to him in due process of law.
As the compromise between both the Parties comes to a successful end no relief or cost will be awarded to any party.
The case is disposed of accordingly.
Typed to my dictation
and corrected by me.
I agree, I agree,
( Sri Pramath Nath Dash) (Smt. Anjali Behera)
P r e s i d e n t. M e m b e r.
