Order No.  1                                                            Date 19/08/2023

This case record is placed before the Ld. Judges, Madhyastata Lok-Adalat on this day which is held at the court room at D.C.D.R.C., Howrah. Complainant and O.ps. are personally present and also found ready with their Ld. Lawyers.

Heard Ld. Advocates of both sides. Considered submission.

In course of hearing it is revealed that the apartment has not been constructed and there is no scope for completing the said construction and for that reason the complainant and promoter/developer i.e. O.p. nos.1, 1(a) and 1(b) have entered into a supplementary agreement which has been filed before the Ld. Judges of this Lok-Adalat. One joint application for compromise which is supported by affidavit also has been filed by the parties.

As per terms and condition of the supplementary agreement it is revealed that the O.p. nos.1, 1(a) and 1(b) already have paid Rs.3,50,000/- to the complainant and complainant admitted the same.

It is also agreed by the above noted parties that the above noted O.ps. shall pay Rs.1,00,000/- within 31^st August, 2023. As per terms and conditions of the supplementary agreement next phase of payment is to be taken place within 30^th September, 2023 and the O.p. nos.1, 1(a) and 1(b) shall pay Rs.1,50,000/- to the complainant.

It is also agreed by the parties that the above noted O.ps. shall pay the remaining Rs.3,00,000/- within 31^st December, 2023 in two installments of Rs.1,50,000/- each.

It is settled that the complainant shall withdraw the criminal case being complaint case no.307/2017 which is filed under Section 138 of N.I. Act which is pending before Ld. Judicial Magistrate 4^th Court, Howrah after receiving payment of Rs.4,50,000/- i.e. after 31^st August, 2023.

As the dispute involved in the case have been settled between the complainant and O.p. nos.1, 1(a) and 1(b) Ld. Judges of this Lok-Adalat have no reason to stand at the way in the settlement particularly when the land owners/O.p. nos.3 & 4 are not raised any objection in the matter of settlement.

In the result,

it is accordingly,

o r d e r e d

that this complaint case being no.192/2018 be and the same is settled in between the parties in the light of the observation made above as well as terms and condition of the supplementary agreement. Let the settlement agreement dated 9^th June, 2023 be made a part of this award. If the O.p. nos.1, 1(a) and 1(b) fails to carry out and/or complete the direction against the above the complainant is given opportunity to execute this order as per law.

Let a free copy of this order be handed over to the parties of this case.

Let this order be uploaded in the official website as well as possible.

In the light of the observation made above the complaint case is dispute of.

Dictated & corrected by me.  

President