No. 5/03.02.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mrs. Sanghamitra Das, the Ld. Advocate and Respondent through Mr. Najmul Alam Sarkar, the Ld. Advocate are present.

This appeal has been directed against the order of disposal of the complaint case No. DF/69/2008 by the District Forum Coochbehar thereby directing both the O.P. Nos. 1 & 2 to refund a sum of Rs.31,500/- being the cost of the laptop with its case to the Complainant and a further of sum of Rs.15,000/- by way of compensation towards mental agony and harassment suffered by the Complainant within a period of 45 days from the date of making of the said order.  This appeal has been filed against the said order by the O.P. No. 1.  In course of hearing of this appeal the Complainant sole Respondent submits an application by stating that the O.P. No. 2 of the complaint case has fully satisfied the award as made by the aforesaid impugned judgement and order dated 30.05.2010 passed by the District Forum, Coochbehar.  It has been clearly stated therein that O.P. No. 2 in the original complaint has paid to the Complainant a sum of Rs.50,629/- vide Cheque No. 343069 dated 18.12.2010 in full satisfaction of the award as made in the aforesaid complaint case.  The Complainant – sole Respondent further submits that he has no other claim pending against the Appellant and/or said O.P. No. 2 in the complaint.

In the aforesaid facts and circumstances this appeal is disposed of accordingly by recording that the award as above made by the District Forum, Coochbehar on 13.05.2010 in the Case No. DF/69 of 2008 has been fully and finally satisfied by the O.P. No. 2 for and on behalf of both the O.P. Nos. 1 & 2 and there is no claim subsisting as of now.  This appeal, therefore, shall stand disposed of with the observation as above and with further direction that if the laptop with its case and gift items have not yet been returned by the Complainant to the O.P. No. 1 pursuant to the aforesaid award 13.05.2010 passed by the District Forum, Coochbehar then the O.P. No. 1 shall be entitled to put the said award into execution for recovery of the said laptop from the Complainant.