Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:

     This appeal is pending since 2003 in this Commission.  On 4^th July, 2011 it was placed before us for disposal.  This appeal was displayed on the internet board as well as on notice board of this Commission and by way of abundant precaution we had issued to both the parties returnable on 10.08.2011.  On 10.08.2011 we awaited for service report from the postal authority and the matter was adjourned for today.  Today Appellant is absent.  Respondent No.1 is represented through   Mr.Samant – employee of Premier Automobiles Ltd.  None appeared for Respondent No.2.   

     We have perused the papers which include payment receipt of `30,000/- paid by Respondent No.1 to the Appellant in full and final settlement of the claim arising out of the complaint filed in the District Forum and in that letter he had assured to withdraw the Complaint/Appeal pending before the District Forum or Commission. This appeal is pending since complaint was dismissed by the District Forum vide its order dated 17.10.2002 passed in Consumer Complaint No.502/2000.  Against that order this appeal is preferred by the Complainant which included receipt of payment accepting `30,000/- by way of full and final settlement.  We, therefore, hold that Appellant is not interested to prosecute this appeal.  As such we pass the following order:

O  R  D  E  R

         (i)              Appeal is dismissed for non-prosecution as well as for the satisfaction of the claim of the Complainant/Appellant.

       (ii)              Inform the parties accordingly.

Pronounced on 27^th September, 2011.