Delhi

New Delhi

CC/930/2012

Deepak Bhartia - Complainant(s)

Versus

M/S. Ethoian Airlines - Opp.Party(s)

10 Jan 2020

ORDER

 

      

                                  CONSUMER DISPUTES REDRESSAL FORUM-VI

                       (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

                       VIKAS BHAWAN, I.P.ESTATE,

                   N EW DELHI-110002.

                     

          CC. No./930/2012                                                                                Dated:

          In the matter of:-               

 

            Deepak Bhatia                                                                             …..Complainant

Versus

             Ethiopian Airlines                                                                        .…… Opposite Party

                                           

                                                        ORDER

 

By way of this order, we are disposing off the application filed on behalf of complainant for withdrawing the compromise done by the previous counsel without the consent and permission of the complainant.  Heard on application.

 It is stated on behalf of complainant that Sh. J.K. Singh was appointed to defend the case of the complainant, who prepared the rejoinder on 05/02/2014 and filed it before this Forum on 06/02/2014 alongwith Vakalatnama but on 06/02/2014 the said counsel Sh. J.K. Singh compromised the matter without the consent and permission of the complainant.   

It is further stated that on the next date i.e. 07/02/2014 the said counsel Sh. J.K. Singh, Advocate filed an application stating therein that the compromised had arrived in for USD2500 but inadvertently it was wrongly written in order sheet as USD250 instead of USD2500.

 

Later on, J.K. Singh Stopped appearing in the Forum and then Anuj Kapoor was appointed as new counsel and he moved this application. OP in its reply stated that this Forum does not have the power to review and recall its own orders, therefore, the settlement recorded in the order dated 06/04/2014 is binding upon the parties, and the complainant cannot dispute the proceeding when the same was recorded in the order in his presence, and the same bears his signature as well.

It is further stated that the complainant moved further application dated 15/07/2014 and demanded the payment of settled amount of USD 250.

The OP drawn the attention of this Forum to the orders dated 28/03/2014, 01/04/2014, 07/07/2015, 16/11/2015, 23/12/2015, 28/03/2016 and 15/12/2016 and there has been no objection to the settlement. Prayer to dismiss the application has been made.

 

We have heard the arguments of the both the parties and gone thought the application of the complainant.

As the settlement arrived between the parties on 06/02/2014 for a sum of 250 USD converted in the Indian currency, duly signed by the parties and counsels.

Later on, the application were moved by the complainant that instead of USD250 the same should have been 2500 USD but on 15/07/2014 their application was moved for compliance of order dated 06/02/2014.

Keeping in view the circumstances of the case, this Forum has no power to review its own order, moreover, settlement dated 06/02/2014 is squarely binding upon the parties, hence, the application for withdrawing the compromise moved by the complainant is dismissed. In view of the above order the other two applications of the complainant are also stands disposed off. Accordingly, the present complaint  stands disposed off.

OP is directed to comply the order dated 06/02/2014 within 30 days from today failing which it shall be liable to pay 9% interest to the complainant.

File be consigned to Record Room.

Pronounced in open Forum on :10/01/2020.

This order be sent to server (www.confonet.nic.in ). A copy of this order be sent to the parties free of cost by post.

 

  (ARUN KUMAR ARYA)

                                  PRESIDENT

             (NIPUR CHANDNA)                                                               (H M VYAS)

                                MEMBER                                                                           MEMBER