STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
HARYANA PANCHKULA
Date of Institution:14.12.2020
Date of final hearing: 20.03.2023
Date of Pronouncement: 20.03.2023
First Appeal No.429 of 2020
1. Haryana Shehri Vikas Pradhikaran (erstwhile Haryana Urban Development Authority) through its Chief Administrator, Sector-6, HUDA, Panchkula.
2. Estate Officer, Haryana Shehri Vikas Pradhikaran (erstwhile Haryana Urban Development Authority), Kaithal.
Through Counsel, Mr. Saurabh Sharma, Advocate
.….appellants.
Versus
Sunita Rani @ Sunita Gulati D/o Surender Kumar and W/o Shri Om Parkash Gulati R/o House No.664P, Sector-20, HUDA/HSVP, Kaithal-136027.
Through counsel Mr. Sidharth Gulati, Advocate
….Respondent.
CORAM: S.P. Sood, Judicial Member.
S.C. Kaushik, Member.
Present:- Mr. Saurabh Sharma, counsel for the appellants.
Mr. Sidharth Gulati, counsel for the respondent.
O R D E R
PER S.P. SOOD, JUDICIAL MEMBER:
File taken up today on the Miscellaneous Application bearing No. 138 of 2023 filed by learned counsel for the applicant-respondent under Section 151 CPC for early hearing of the present appeal from 24.05.2023 to any early date.
2. Along with the above mentioned application learned counsel for the applicant-respondent sought for disposal of the present appeal in terms of the withdrawal of the complaint and has also discharged that she has already withdrew her execution even of the order dated 12.03.2020 passed by learned District Consumer Commission, Kaithal in Complaint No.51 of 2019.
3. Heard on the miscellaneous application. Keeping in view of the contents of the application as well as contentions raised by learned counsel for applicant-respondent, present application stands allowed date of hearing is preponed from 24.05.2023 to today itself. Miscellaneous application No.138 of 2023 is disposed off accordingly.
4. Mr. Sidharth Gulati, counsel for the applicant-respondent also suffered a statement that he withdraws the main complaint i.e. Complaint No.51 of 2019 passed by learned District Consumer Commission, Kaithal and he further undertake not to press the execution of the order dated 12.03.2020 passed by learned District Consumer Commission, Kaithal in Complaint No.51 of 2019.
5. On the other hand, learned counsel for the Mr. Saurabh Sharma, learned counsel for the appellants also suffered a statement that as the complainant has withdrew her complaint, which she had filed before learned District Commission, Kaithal against which the present appeal has been filed, so, he may be permitted to withdraw the present appeal having become infructuous. His statement in this regard was also recorded separately.
6. In view of the statement made by Mr. Saurabh Sharma, learned counsel for the appellants, the present appeal stands dismissed as withdrawn being infructuous.
7. Statutory amount of Rs.49,290/- deposited at the time of filing of present appeal be refunded to the appellants against proper receipt and identification and as per rules.
8. A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.
9. Application(s), pending, if any, stand disposed off accordingly in terms of this order.
10. File be consigned to record room alongwith a copy of this order.
Pronounced on 20th March, 2023
J.Y.
S.P.Sood
Judicial Member
Addl. Bench
S.C.Kaushik Member
Addl. Bench
