(Delivered on 30/11/2018)

PER SHRI B.A. SHAIKH, HON’BLE PRESIDING MEMBER.

1.      Advocate  Mr. Pravin Dahat is present for the appellant.  Mr. Milind Sheshrao Khadse, the Collection Executive of the appellant  is also present. The respondent – Mr. Kamlakar Padmakar Mutkare  in person is also present.  The respondent herein  /original  complainant  filed  an affidavit. The respondent  in  the said affidavit  submitted in brief  that he is aware of the facts and circumstances of  the present case and about the impugned order passed by the Forum below.  He further  stated in the affidavit  that  he paid Rs. 45,000/- to the appellant company and he has settled the matter outside  the Court with the appellant. He further  stated in the said affidavit  that  in view of the compromise  as above he does not  want  to claim an amount as per order passed by the District Consumer Forum on  21/04/2017 in consumer complaint  No. CC/13/274.  He specifically stated  in the said affidavit  that he has no objection  to allow the appeal.  The said affidavit  is duly  verified  by him under his own  signature. Moreover, he also filed copies of his  Aadhar Card and driving licence  as identity  proof. Moreover, he is also  identified  by Mr.  Milind Sheshrao Khadse who is representative  and Collection Executive of the appellant.

2.      Advocate Mr. Dahat  who is present for the appellant  submitted that in view of the  aforesaid affidavit  the appeal may be  allowed  and impugned order may be set aside.

3.      We are  thus satisfied that  both the parties have arrived at settlement  as per  submission  made in the aforesaid  affidavit   filed today.  On 10/10/2018 also both  parties already  filed joint pursis  under their signatures stating therein that the appellant  and respondent  have  no objection  for setting aside  the impugned order by allowing  the appeal. On 10/10/2018 we had adjourned  appeal to grant  an opportunity  to respondent  herein to  think over the matter  and to appear before this Commission on next date.  Today he appeared and   made aforesaid submission  and filed aforesaid affidavit  in detail. Therefore,  we hold that  the appeal  deserves to be  allowed.

ORDER

i.        The appeal is allowed. 

ii.       The impugned order is set aside in view of the joint pursis dated 10/10/2018 filed by both  parties and affidavit  as above filed by the respondent  today.

iii.      The consumer  complaint  stands dismissed.

iv.      No order as to cost.

v.       Copy of order be furnished to both the parties, free of cost.