Order No.07

This record was fixed on 10.06.2021. On account of severe spur of Covid-19 (second wave) Lockdown was declared by the Government of West Bengal. For this reason, this record could not be placed on the stipulated date. This record is placed today by the office of this Ld. Commission.

The complainant is present in person. The complainant is also present along with her father namely Sri Sameer Kumar Das. The Ld Advocate for the OP No-1 and 2 is also present. Today is fixed for adducing evidence by the complainant on affidavit. On 27.07.2021 an application was filed by the complainant which is registered as MA No. 43/2021. The office has listed the said MA for hearing and its disposal.

In the application it is mentioned by the complainant that the complaint being No- RBT CC 164/2020 was filed by the complainant praying for refund of the admission fees, as paid by her at the time of admission to the OP No-1-University. After appearance the OPs have filed written version and accordingly this Ld. Commission was pleased to direct the complainant to adducing evidence on affidavit. It is submitted in the said MA that the present dispute has already been resolved by and between the OPs and the complainant has duly received a cheque amount to Rs.70,000 drawn on Axis Bank, Electronics Complex Branch, Bearing No-9777972 dated 22.03.2021 from the OP No-1-University. For this reason the present complainant has no claim against the OPs whatsoever.

Under this circumstances the complainant has prayed for withdrawal of this complaint as her grievance and dispute had already been resolved and settled by the OPs by making the above mentioned payment out of the Court by way of amicable settlement.

It is submitted by the complainant if this application is not allowed she will suffer irreparable loss and injury and accordingly prayer is made by the complainant for allowing MA being No- 43/ 2021.

We have carefully perused the content of the MA Being No-43/2021. In our view as the dispute had already been settled outside of this Ld. Commission by way of amicable settlement by and between the parties hence, there is no bar to allow the MA filed by the complainant.

Hence it is ordered, that the MA 43/2021is thus allowed on contest without any cost.

As the MA is allowed hence there is no case on behalf of the complainant. Accordingly the Consumer Complaint Being No-RBT/CC/ 164/2020 is thus dismissed on contest without any costs as withdrawn and non prosecution.

Be it mentioned that this record need not be placed on the date fixed i.e. 14.02.2022.

Let plain copy of this order be given to the parties free of cost as per the CPR.

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER