Uttarakhand

StateCommission

A/51/2020

Mrs. Deepshikha Sharma - Complainant(s)

Versus

Om Infra Tech Pvt. Ltd. - Opp.Party(s)

Sh. Vikrant Gambhir

30 May 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND
23/16, Circular Road, Dalanwala, Dehradun, Uttarakhand 248001
Dehradun-248001
Final Order
 
First Appeal No. A/51/2020
( Date of Filing : 03 Mar 2020 )
(Arisen out of Order Dated 08/01/2020 in Case No. 338/2016 of District Haridwar)
 
1. Mrs. Deepshikha Sharma
w/o Shailendra Sharma r/o H.No. 62 Gokul Vihar, near Ganga Pradshan Center, Jagjitpur, PO. Kankhal
Haridwar
Uttarakhand
...........Appellant(s)
Versus
1. Om Infra Tech Pvt. Ltd.
through its Director 48, Harsh Vihar, Pritampura
New Delhi
2. Om Infra Tech Pvt. Ltd.
through its Director, Anandam City,
Haridwar
Uttarakhand
3. Astitva Construction Constorium
through its Auth. Sig. 350/1 Govindpuri
Haridwar
Uttarakhand
...........Respondent(s)
 
BEFORE: 
 HON'BLE MS. Kumkum Rani PRESIDENT
 HON'BLE MR. B. S. Manral MEMBER
 
PRESENT:
 
Dated : 30 May 2024
Final Order / Judgement

Today, learned counsel Sh. Vikrant Gambhir on behalf of the appellant has appeared and submitted an application (Paper No. 60) to withdraw the appeal along with annexures.

Sh. Umakant Saini, Manager of respondent Nos. 1 & 2 as well as Sh. Eklavya Saini, Authorised Signatory on behalf of respondent No. 3, have appeared in person.

In the aforesaid application moved on behalf of the appellant, it is averred that Hon’ble Commission has directed the appellant to appear in person to clarify in regard to the settlement arrived between the parties.  However, it is pertinent to state that on account of some medical issues, the appellant is unable to appear in person before Hon’ble Commission and the appellant has authorised her counsel to withdraw the appeal, in the light of the settlement agreement signed and executed between the parties.  The copy of the WhatsApp chat and the medical certificate are annexed with the application.  Therefore, Hon’ble Commission be pleased to kindly dispose of the appeal as withdrawn.

The said application is not opposed by the representatives of respondents present before the Commission.

We have perused the previous order dated 20.05.2024, on that date, Sh. Umakant Saini, Manager on behalf of respondent Nos. 1 & 2 had appeared before the Commission and submitted a compromise, which had already been arrived at between the parties, with a request to decide the appeal in terms of compromise, copy whereof is Paper Nos. 57 to 59 on record.

Vide order dated 20.05.2024, the appellant was directed to appear in person to elucidate the fact as to whether a compromise has already been arrived at between the parties or not.

In the aforesaid application (Paper No. 60), the appellant has authorised her counsel to withdraw the appeal, as the compromise in the matter has already been arrived at between the parties.

In the light of the aforesaid application moved on behalf of the appellant, the issue raised in the case has already been amicably settled between the parties and a compromise in writing has already been written down between the parties, copy whereof is available on record of this Commission.

In view of above, the application (Paper No. 60) moved on behalf of the appellant is hereby allowed.  Accordingly, the appeal is dismissed as withdrawn.  No order as to costs.

File be consigned to the record room along with copy of this order.

A copy of this order be sent to the concerned District Commission for perusal, information and necessary action.

 
 
[HON'BLE MS. Kumkum Rani]
PRESIDENT
 
 
[HON'BLE MR. B. S. Manral]
MEMBER
 

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