DATE OF DISPOSAL: 18.10.2021.

EXTRACT COPY OF ORDER DATED 18.10.2021.

The Complainant is absent. The Learned counsel for O.P. No. 3 is present & files a memo to drop the case as the O.P. No. 3 has already paid cost of the defect T.V. in shape of Demand Draft No. 506452 dt. 27.09.2017 to the Complainant & filed the receipt of acknowledgement dt. 14.11.2017 since then the matter is pending as the complainant is not taking any steps from 09.04.2018. Further the complainant also not filed any reply to the petition dt. 03.09.2020 of O.Ps. Since 09.04.2018 the Complainant neither present nor taken any steps. The O.P. No. 3 in his petition dt. 03.09.2018 contended that the T.V. also with the Complainant & received the amount of defective T.V. in shape of D.D. Rs. 11,965/- on dt. 27.09.2017 & filed the receipt of acknowledgment dt. 14.11.2017 & the Complainant has also made an oral declaration to withdraw the case before the O.P. while received the cheque/D.D. & about receipt of full satisfaction amount & the Complainant also filed the memo of receipt dt. 14.11.2017 as the dispute resolved by the O.Ps. Hence the O.P. prayer to close the present case against the O.Ps. verified the memo of receipt of complainant. Perused the record. It is ascertained that the complainant had given sufficient opportunity to place the claim before the Forum if any within these long two years since 09.04.2018 but the complainant neither present nor taken any steps to either contest or to close the case further more did not prefer to withdraw the case against O.P. for which the CC is pending since 2017 from his regular absent in the day to day proceeding  it is presumed that the complainant is no more interested to proceed with the case further on the other hand. Regularly the Learned Advocate for O.P. No. 3 remained present in each date of proceeding & consequently submitted that unless the case will be closed, the O.P. will be prejudiced as the O.Ps paid the disputed claim amount to the complainant after receiving the amount the complainant remained silent till today. Hence prayed to close the case against the O.Ps. The case is a year old case & the complainant has already received the amount paid by O.P. No. 3 since 14.11.2017 and not taking any steps. In the day today preceding the complainant still remained absent so far the case is lingering since then.  As thus the intention of legislature of C.P.Act, 1985 going to be astrayed. In view of justice as contemplated it will be just and proper to drop the case . In the best interest of Justice the case is closed. The post of both members are lying vacant.

                        Copy of order be supplied to the parties free of cost.