Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member

Heard Mr.S.I.Jayakar-Advocate @ Mr.P.B.Kadam-Advocate for the appellant. Mr.Anil Jadhav-Advocate for the respondent.  Respondent also present in person. 

This is an appeal u/sec.27-A of the Consumer Protection Act, 1986 against the order dated 28/10/2010 passed in Execution Application no.38/2009 passed by Raigad District Consumer Disputes Redressal Forum, Alibag and whereby, under section 27 of the Consumer Protection Act, 1986, the appellant/org.O.P. was sentenced to undergo simple imprisonment for six months and fine of `5000/-.

It appears that both the parties have settled their dispute out of Commission in terms of the consent terms filed today marked as Exhibit ‘X’.  Original complainant also sworn affidavit and personally stated before us that initial order dated 25/06/2009 stands now complied with.  In view of this since the conviction is related to non compliance of the impugned order and since the impugned order stands complied with, we allow the appeal and pass following order:-

                                                          ORDER

Appeal is allowed.

The conviction and sentence awarded as per impugned order dated 28/10/2010 passed in execution application no.38/2009, stands set aside. 

In the result appellant/O.P./accused is acquitted of the offence punishable under section 27 of the Consumer Protection Act, 1986.  Bail bond stands cancelled.

Copies of the order be furnished to the parties.