Case is called out.  Appellant in person is present.  Sh. M.S. Saini, Advocate has put in appearance on behalf of respondent No. 1 and respondent No. 1 is also personally present.

Heard appellant in person and learned counsel for respondent No. 1 on delay condonation application.

This appeal has been filed after a delay of 379 days against the impugned judgment and order dated 29.10.2018 passed by the District Forum, Dehradun in consumer complaint No. 156 of 2016; Ms. Sarita Bisht Negi Vs. Sh. Umesh Arora, Advocate.

Delay condonation application has been filed by the appellant to condone the delay in filing this appeal.  Delay condonation application is supported by affidavit.  It has been narrated in the affidavit that delay has been caused in filing this appeal due to accident and medical treatment of the appellant himself.  Documentary evidence has also been filed along with the affidavit filed in support of the delay condonation application.  No counter affidavit has been filed on behalf of respondent No. 1 to rebut the facts mentioned in the affidavit filed by the appellant in support of delay condonation application.

I am satisfied with the reasons shown by the appellant for delay in filing the appeal.  Therefore, the delay condonation application is allowed and the delay of 379 days in filing the appeal is condoned.

Heard appellant in person and learned counsel for respondent No. 1 on admission of appeal.

Admit the appeal. 

At this stage, an application has been moved on behalf of respondent No. 1, with a prayer that respondent No. 1 has entered into compromise with the appellant and she does not want to contest the appeal, if the mandatory deposit of        Rs. 25,000/- is released in her favour and no other amount of decree remains to be realized from the appellant.  The appellant has endorsed on this application that he has no objection to this application, if the aforesaid amount is released in favour of respondent No. 1.  The appellant has further submitted that the appeal may be dismissed as not pressed.

Considering the aforesaid facts and circumstances of this case, the appeal is dismissed, as not pressed.  The mandatory deposit of Rs. 25,000/- (Rupees Twenty Five Thousand Only) be released in favour of respondent No. 1.  File be consigned.