Tripura

StateCommission

A/45/2016

Amazon Seller Services Pvt. Ltd. - Complainant(s)

Versus

Sri. Dulal Ray Karmakar - Opp.Party(s)

Mr. R.K Bhatra, Mr. P.Majumder

26 Feb 2018

ORDER

Today the instant appeal is fixed for order on condonation petition as well as appearance of the complainant. Respondent-complainant appears in person noticing the notice published in the daily newspaper Dainik Sambad dated 9^th February, 2018.

Heard Mr. Pranabashis Majumder, Ld. Counsel for the appellant and respondent-complainant, Mr. Dulal Roy Karmakar.

When the matter is taken up for hearing of condonation petition, complainant Mr. Dulal Roy Karmakar submits that after passing the impugned judgment he has filed one Execution Case being EA No.11/2017 which was disposed of on 06.07.2017 as one of the J.D., Manager of Blue Dart Courier Service agreed to pay an amount of Rs.20,000/- as per decree and subsequent to the aforesaid order in Execution Case, he has received the aforesaid amount of Rs.20,000/-. Thus he has no claim to the appellant Amazon Seller Service Private Ltd.

Mr. Pranabashis Majumder, Ld. Counsel appearing on behalf of the appellant Amazon Seller Service Private Ltd. submits that in view of the order passed in Execution Case No.11/2017 and the respondent-complainant being satisfied after receipt of the decretal amount paid by one of the Decree Holder, he is not pressing in the condonation petition and appeal being the same is infructuous.

We have also gone through the order dated 06.07.2017 passed in EA/11/2017 which are as follows:-

“06.07.17- J.D., Manager of Blue Dart Courier Service, C/O- Express Link is produced before this Forum under arrest on the strength of warrant issued. J.D. Manager agreed to pay the amount Rs.20,000/- as per decree. D.H. is ready to accept the amount.

Accordingly, on satisfaction of decree this case is disposed.

Release the J.D. and set him free as order is complied.”     

In view of the above, the appeal is closed being infructuous.

Send down the record of Ld. District Forum, West Tripura, Agartala.