West Bengal

StateCommission

FA/386/2009

Mr. Ashoke Kumar Bera. - Complainant(s)

Versus

The Graphs. - Opp.Party(s)

Mr. Ramesh Kr. Chaumal.

13 Jan 2010

ORDER


STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGALBHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
APPEAL NO. 386 of 2009
1. Mr. Ashoke Kumar Bera.S/O Late Shyamapada Bera, 4/B, Gobinda Bose Lane, PS. Kalighat, Kolkata- 700025. ...........Appellant(s)

Vs.
1. The Graphs.A Proprietorship Firm, Represented by its Proprietor, Mr. Pradip Das. 23/54, Gariahat Road. PS. Gariahat, Kolkata- 700029. ...........Respondent(s)


For the Appellant :Mr. Ramesh Kr. Chaumal. , Advocate for
For the Respondent :Mr. Anjan Dutta. , Advocate

Dated : 13 Jan 2010
ORDER

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HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

 

5/13.01.2010.

 

Appellant through Mr. R. K. Choumal, the Ld. Advocate and Respondent through Mr. Anjan Dutta, the Ld. Advocate are present.  When we took up the matter for final hearing, parties expressed that they have entered into compromise and the matter is settled between them.  Accordingly we have not entered into the merit of the case and the appeal is disposed of by consent of parties with the following order.

 

O.P. – Respondent will pay a total sum of Rs. 1,40,000/- in seven monthly installments to the Claimant – Appellant in full and final satisfaction of all claims of the Claimant against the O.P. – Respondent.  The aforesaid amount will cover both the entire principal amount of the Claimant as also the interest and no further claim will be maintainable by the Complainant – Appellant against the Respondent in respect of subject transaction.  It is recorded that the O.P. – Respondent has handed over in Court six post dated cheques bearing Nos. 381551, 381552, 381553, 382554, 381556 & 381557 and date respectively are 15.03.2010, 15.04.2010, 15.05.2010, 15.06.2010, 15.07.2010 & 15.08.2010 drawn on Corporation Bank, Rash Behari Avenue for each of amount of Rs. 20,000/-.  The O.P. – Respondent will handover a further cheque of Rs. 20,000/- to the Claimant – Appellant and with this the aforesaid entire disputes are resolved with regard to the said transaction except that in case any of the said cheques is dishonoured the Claimant – Appellant will be entitled to further interest @ 9% p.a. for any amount in default for the period of default and to recover all dues through the Forum.


MR. A K RAY, MemberHON'BLE JUSTICE ALOKE CHAKRABARTI, PRESIDENTMRS. SILPI MAJUMDER, Member