No. 24/15.12.2008.

Mr. Banerjee, the Ld. Advocate appearing for the Housing Board informs this Commission that all the repairing works have been completed in respect of the said flat and delivery of its possession has been given to the Respondent No. 1.  The Respondent No. 1 is present in Court in person and he admits the correctness of the aforesaid statement.  It appears that the Co-operative Society has cooperated in the proceeding and undertook obligation of repairing the flat though they had objection in the matter on the ground it was not their responsibility.  In the circumstances in view of the conduct of the Co-operative Society in the appeal we feel there should not be direction for payment of cost.  The Housing Board also cooperated in the matter so that it could be settled.  In the circumstances the appeal is disposed of modifying the impugned order passed by the Forum to the extent that the direction to pay cost by the O.Ps to the Complainant is set aside.  We record that all the parties agree that repairing of the flat, delivery of its possession and execution and registration of Deed of Conveyance have been completed