20.05.16

Per: Justice B.S. Verma, President (Oral):

Sh. S.K. Gupta, Advocate is present on behalf of the appellant – opposite party No. 1.

Sh. Deepak Ahluwalia, Advocate is present on behalf of respondent No. 1 – complainant.

Sh. Rajeev Sharma, Advocate is present on behalf of respondent No. 2 – opposite party No. 2.

In the aforesaid appeal, on behalf of respondent No. 1 – complainant Sh. Tarun Devrani, an application has been moved with a prayer that the respondent No. 1 be permitted to withdraw the consumer complaint and he will not press the impugned judgment and order dated 13.02.2013 passed by the District Forum for execution.

Learned counsel for the appellant has submitted that since the appeal has been preferred against the impugned judgment and order dated 13.02.2013 passed by the District Forum and hence unless and until the same is set aside, in future, the execution of the impugned judgment and order can be pressed by the respondent No. 1.

Learned counsel appearing on behalf of respondent No. 1 has submitted that he has no objection in case the appeal is allowed by setting aside the impugned judgment and order dated 13.02.2013 passed by the District Forum.

In view of above, the application moved by respondent No. 1, thereby seeking permission to withdraw the consumer complaint, is allowed.

Since the consumer complaint has been withdrawn by the respondent No. 1 – complainant, therefore, the impugned judgment and order dated 13.02.2013 passed by the District Forum, Dehradun in consumer complaint        No. 282 of 2011 is set aside.  The appeal is accordingly allowed.  The statutory amount of Rs. 25,000/- deposited by the appellant at the time of filing the appeal, be released in its favour.  No order as to costs.