Order No:  3                                                                                       Date:18/07/2024

Today is fixed for further admission hearing. Complainant side is found present through Ld. Lawyer. Heard Ld. Advocate for the complainant side. Considered submission.

Perused the complaint petition and its annexed documents.

On close examination of the Agreement which has been executed before the District Legal Services Authority, Howrah it appears that there was a settlement in between complainant and O.ps. and accordingly the O.ps. paid the said amount by producing check which was dishonoured. At the time of Execution of said Agreement before the D.L.S.A., the Biananama which was executed in between the parties was considered. The complainant is now intending to lay emphasis on the Biananama but without following the terms and condition of the Agreement executed in the presence of D.L.S.A., Howrah. This is not the appropriate Forum for giving effect of the Agreement which has been executed before the D.L.S.A., Howrah.

In course of hearing the complainant side referred one judgment of Hon’ble Apex Court which is passed in Civil Appeal No.6044 of 2019. But the said judgment is not found relevant with this instant case.

Considering all the above noted aspects this District Commission is of the view that there is no scope for admitting this complaint case. So, the complaint case is not admitted and it is dismissed. No order is passed as to cost.   

However, liberty is given to the complainant to present the complaint petition before the appropriate Forum.

Dictated & corrected by me.

President