Tripura

StateCommission

A/9/2018

Sri. Biswajit Roy - Complainant(s)

Versus

Smt. Baby Saha - Opp.Party(s)

Mr. Kushal Deb, Mr. Dhrubajyoti Saha, Mr. Subhankar Deb

12 Jul 2019

ORDER

Today the matter is fixed for hearing.

In terms of the earlier order, appellant, Sri Biswajit Roy is present before this Commission and the matter is settled between the parties amicably and consequent thereto a compromise petition between the parties is filed.

Heard Mr. Kushal Deb, Ld. Counsel as well as Mr. Sovan Mahajan, Ld. Counsel appearing on behalf of the appellant.

Also heard Mr. Sampad Choudhury, Ld. Counsel appears on behalf of the respondent-complainant, Smt. Baby Saha.

As the matter is settled between the parties, the terms and conditions are as under:-

1. That, the Appellant handed over the Flat to the Complainant-Respondent on 16.11.2018 and subsequently transferred title of the Flat Number B-201 on the Second Floor measuring 982 Sq. Ft. in the name of the complainant-respondent on 12.02.2019.
2. That, the complainant-respondent owed Rs. 97,500/- to the Appellant which the complainant-respondent and Appellant mutually settled between them that the Complainant-Respondent need not to pay to the Appellant as adjusted towards compensation.
3. That, the appellant will not pay any further compensation to the Complainant-Respondent as the amount mentioned in the Column No. (ii) is the full and final settlement.
4. That, the appellant as well as the Claimant-respondent has no further claim of whatsoever in nature with respect to the present Lis from each other.             
5. The terms and conditions of this compromise shall be binding upon both the appellant and the complainant-respondent and along with their successor, survivors and any other person/persons claiming under them.
6. The appeal be disposed of in terms of this compromise petition by treating this petition as a part of the Order/Judgement.

As per the terms and conditions stated (supra), the appeal is disposed of and it is made clear that the compromise petition shall be treated as a part of this order.

In terms of earlier order passed by this Commission dated 21.06.2019 is stands vacated.

In terms of the compromise petition filed in Appeal Case No.A/8/2018 (Biswajit Roy Vs Smt. Soma Barman), the statutory deposit deposited in this appeal is entitled to withdraw by Smt. Soma Barman, respondent-complainant in the Appeal Case No.A/8/2018 as the appellant is hereby authorized her to withdraw the amount.

Office is directed to release the statutory deposit amounting to Rs.25,000/- in favour of the respondent-complainant, Smt. Soma Barman in Appeal Case No.A/8/2018 by issuing an A/C payee cheque and the same may be handed over to her or to her authorised competent person on proper receipt and identification by her Ld. recorded Advocate.

It is made clear that the appellant shall not raise any claim for the statutory deposit deposited by him in the instant appeal.

In the result, the appeal is disposed of.

Send down the records to the learned District Forum, West Tripura, Agartala with a copy of this order.