HON'BLE MR. SUDEB MITRA, PRESIDING MEMBER
Order No. : 29
Date : 27.02.2023
Today is fixed for delivery of judgement.
None of the contesting parties of this Appeal being No. RBR/A/56/2019 has taken step and on calls none of the contesting parties could be found.
The petition of the appellant of the instant Appeal Saluja Mobiles dated 11th January 2023 is taken up for hearing.
It appears from the said petition of the Appeal that since the matter has been amicably settled in between the parties before this Ld. National Lok Adalat on 13.08.2022. So, the appellant is not intending to proceed further in this Appeal i.e. RBR/A/56/2019 and by filing the instant petition the appellant has prayed for disposing of the Appeal.
It appears from the materials on record that the OP of the instant Appeal had filed Consumer Case being No. CC/213/2017 on 17.10.2016 against the appellant and another before the DCDRC, Burdwan. existing at the relevant point of time and the said consumer case being No. CC/213/2017 was disposed of ex-parte on 13.08.2018 against both the OPs on that CC/213/2017, Saluja Mobiles i.e. OP 1 and Apps Daily Solution Privat Ltd. i.e. OP 2 of CC/213/2017.
It appears further that the complainant of Cc/213/2017 Shyamal Pal had filed Execution Case EA/14/2018 arising from CC/213/2017 against the OPs of CC/213/2017.
It further appears that against the judgement of CC/213/2017 pronounced on 08.03.2018 ex-parte against both the OPs of CC/213/2017, the OP 1 Saluja Mobile had preferred the instant Appeal being No. RBR/A/56/2019 before this Commission.
It appears from the case record that Execution Case being No. EA/14/2018 arising from CC/213/2017 was disposed of in view of settlement entered by the contesting DHR (Shyamal Pal) and JDR (Saluja Mobiles) on 13.08.2022.
Now, since EA/14/2018 has been disposed off through National Lok Adalat before the concerned Ld. DCDRC dated 13.08.2022, appellant of the instant RBR/A/56/2019 i.e. OP 1 of CC/213/2017 has prays for disposing of instant RBR/A/56/2019 i.e. OP 1 of CC/213/2017 as prayed for disposing of the instant Appeal as he is not intending to proceed with this Appeal any more. Since, the matter in issue has been amicably settled in between the appellant and the respondent of RBR/A/56/2019 i.e. complainant and OP 1 of 213/2017.
Since, none appears from the contesting side and none could not heard but having regard to the available materials on record, we do not find any cogent reason to proceed further with the instant Appeal.
Hence,
This instant Appeal i.e. RBR/A/56/2019 deserved to be disposed of.
Hence,
ORDERED
That the instant Appeal be and the same is dismissed for non – prosecution and thus this is disposed of accordingly.
