(Delivered on 17/10/2018)
PER SHRI B.A. SHAIKH, HON’BLE PRESIDING MEMBER.
1. Advocate Mr. Nitin Lambat is present for the appellant. Adv. Ms. R.D. Zode holding for Advocate Mr.S.S. Nerkar is present for the respondent Nos. 1&2/original complainants and she filed authority letter. The respondent Nos. 3 to 7 are not served with notice of this appeal.
2. However, the aforesaid advocate of the appellant and advocate of the respondent Nos. 1&2 jointly filed pursis today. It is stated in that pursis that the respondent Nos. 3 to 7 (original O.P. Nos. 1 to 5 have complied with the order passed by the learned District Consumer Forum, Nagpur which is challenged in this appeal. It is further stated in the said pursis that as the impugned order passed by the Forum below is duly complied with by the respondent Nos. 3 to 7 herein, nothing survives in the present appeal and that the respondent Nos. 1&2 have already withdrawn the execution proceeding filed against the appellant under Section 27 of the Consumer Protection Act, 1986. Therefore, it is submitted in the said pursis that the appeal may be disposed of as the respondent Nos. 1&2 is not intending to pursue the matter in dispute.
3. The same submission as made in the above pursis is made before us by the aforesaid advocates. Thus, we are satisfied that the dispute has been settled and hence, the present appeal has become infructuous. The appeal is therefore, disposed of in view of the aforesaid joint pursis filed by both the parties.
4. The advocate of the appellant requested that the statutory amount of Rs. 13,000/- deposited by the appellant with the District Consumer Forum may be refunded to the appellant. The advocate of the respondent Nos. 1&2/original complainants has given no objection for refunding the said amount to the appellant. Hence, the District Consumer Forum shall refund the said amount to the appellant /original O.P. No. 6 after due verification of its own record and proper identification of the O.P.No. 6/appellant. Copy of order be furnished to both the parties, free of cost.