DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

      C.C. NO- 242/2018

Date of Filing:                         Date of Admission                  Date of Disposal:

  04.06.2018                                            14.06.2018                                     10.04.2019

Complainant:                          1.      Mr. Snehashis Dey

Son of Somenath Dey

Residing at 23/3/2A,

Rupnarayan Nandan Lane,

P.S- Kalighat, Kol- 700025     

                                                                             =VS=

Opposite Parties:                    1.           M/s Rima furniture

of 11/69, Nagendra Nath Road

Laha Colony More,

P.S- Dum Dum, Kol- 700028   

                                                                                2.        Mandira Karati

Authorised representative of

M/s Rima Furniture of

11/69, Nagendra Nath Road,

Laha Colony More

P.S- Dum Dum, Kol- 700028

P R E S E N T             :-     Smt. Silpi Majumder  ……………………… Member.

            :-     Smt. Monisha Shaw …………………………Member.                              

                                     FINAL ORDER

          Parties are present through their respective Ld. Advocates as well as in person.

          Today is fixed for adducing evidence by the complainant. The complaint is running ex parte against the Ops.

          This complaint is filed by the complainant under Section 12 of the CP Act, 1986 alleging deficiency in service against the Ops on the ground that the Ops have delivered a defective cot to the complainant and in respect of repeated requests the Ops did not take any step to remove the said defect or replace the same till filing of this complaint.

          Today the complainant has adduced evidence on affidavit. The Ld. Counsel for the Ops have submitted that a talk of compromise is already going on outside the Court and the dispute may be resolved by and between the parties within a very short span. On being asked the Ld. Counsel for the complainant has admitted the same. Accordingly intimation was given to the complainant to be present in person by his Ld. Advocate and being intimated the Op 2, Smt. Mandira Karati, is also present in person.

Cont…………….2

:2:

C.C. NO- 242/2018

Today the open  Ejlas Smt. Mandira Karati has paid a sum of Rs. 47,500/- to the complainant in cash. Upon receipt of the said amount the complainant has stated that he is satisfied with the said amount and after receipt of the amount the complainant is not inclined to proceed with this complaint further. Money receipt be filed by the complainant.

          The complainant is also directed to return the original invoice to the Op 2 at once. On the reverse page of the invoice it is written by the complainant that as he has received the Rs. 47,500/- from the OPs.

          Be it mentioned that the Ops shall incur the carrying cost for the said cot from the house of the complainant to her business place along with the remuneration of the labour who will de-assembling the cot. As the complainant has received the 47,500/- from the Ops in cash in course of this day, the complainant shall return the questioned cot to the Ops. The Ops are directed to go to the house of the complainant at once to get return of the said cot therefrom. At the time of receiving the cot from the end of the complainant, the Ops shall put endorsement on the cogent document.

          With the abovementioned observation the complaint be disposed of by way of amicable settlement.

          Hence it is ordered that the C.C no- 242/2018 is hereby dismissed due to non-prosecution as the dispute has been resolved by and between the parties by way of amicable settlement out of the Court.

    Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.             

Member                                                                                                                             Member                                                                                            

Dictated & Corrected by