Uttarakhand

StateCommission

A/15/224

M/s Neo Fitness and Sports - Complainant(s)

Versus

Sidharth Bhardwaj Prop. Vibrasans Jim - Opp.Party(s)

Mr. Rajeev Sharma

12 Nov 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND
23/16, Circular Road, Dalanwala, Dehradun, Uttarakhand 248001
Dehradun-248001
Final Order
 
First Appeal No. A/15/224
( Date of Filing : 08 Oct 2015 )
(Arisen out of Order Dated 09/09/2015 in Case No. 108/2014 of District Dehradun)
 
1. M/s Neo Fitness and Sports
115 Syed Mohalla Kishan Nagar Chowk Chakrata Road,Dehradun through Auth. Manager Mohit Jugran
Dehradun
Uttarakhand
...........Appellant(s)
Versus
1. Sidharth Bhardwaj Prop. Vibrasans Jim
Chandarbani Chowk Dehradun r/o 11/27 Ashirwad Enclave, Ballupur Chowk.Dehradun
Dehradun
Uttarakhand
...........Respondent(s)
 
BEFORE: 
 HON'BLE MS. Kumkum Rani PRESIDING MEMBER
 HON'BLE MR. B. S. Manral MEMBER
 
PRESENT:
 
Dated : 12 Nov 2022
Final Order / Judgement

Put up in National Lok Adalat.

A perusal of the order sheet dated 09.11.2022 has revealed that Sh. Himanshu Sahani S/o Sh. J. L. Sahani – proprietor of the appellant firm M/s Neo Fitness & Sports had appeared and filed a compromise letter (paper No. 41) stating that a compromise has already been arrived at between the parties, hence no dispute remain pending, therefore, the appeal be decided as infructuous. 

Whereas respondent Sh. Siddhartha Bhardwaj alongwith his advocate Sh. Shashi Khanna had appeared and also conceded that the full and final payment has already been made. Hence, the appeal has become infructuous.

We have perused the said application (paper No. 41), which was already kept on record.

The said application / consent letter / compromise (paper No. 41) has revealed that the respondent Sh. Siddhartha Bhardwaj has already received Rs. 25,000/- as full and final settlement of the decretal amount and as such after full and final settlement the above noted appeal has become infructuous. 

In the light of the compromise (paper No. 41), it is not proper to continue the proceedings of the appeal further because it has become infructuous.  The compromise is hereby accepted accordingly, the appeal is dismissed.

Hence, the compromise shall form part of the decree. No order as to costs.

As full and final payment has already been made by the appellant to the respondent, hence, statutory amount deposited by the appellant be released in favour of the appellant. Office is directed to refund the statutory amount to the appellant.

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

A copy of this order alongwith original file be sent to the District Commission concerned for perusal / necessary action and for keeping it in record of the original case.

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

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