MA/10 /2017
Order No.7
Dt.7.6.2017
It appears from the content of the instant Miscellaneous Application that it’s a joint compromise application of the Complainant and the Opposite Parties. Both sides by filing this Misc. Application have stated that in course of the instant proceeding parties have arrived at a mutual compromise/amicable settlement and therefore they have prayed for an order disposing the petition of complaint in terms of this compromise petition which are as follows-
After passing of final order disposing this joint compromise petition as well as the complaint case, the OP will submit and/or handover an a/c Payee draft for the sum of Rs.2,09,730/- issued in favour of Complainant payable at Kolkata within 1 week from the date of said final order;
Complainant on receiving such a/c payee draft will issue a legal and valid receipt of acknowledgment in favour of the opposite party and will hand over the same to the Ld. Advocate-on-record of the opposite party at the Ld. Forum;
That in default of said agreed compliance of payment of remaining settled amount of Rs.2,09,730/- by the opposite party within agreed period of 1 week from the date of final order disposing the complaint case in as much as the joint compromise petition, the Complainant will have option to execute the final order made on joint compromise in terms of joint compromise petition along with a simple interest @ 10% p.a. from the date of expiry of the agreed period of compliance.
The instant Misc. Application duly notarized and filed swearing affidavit by Bikramjit Chakraborty, authorized signatory of the opposite party and the Complainant has put this signature therein.
Both sides submit that they both are agreeable with the terms of the instant Misc. Application and to expedite the matter let an order be passed in accordance with the terms of Misc. Application and thus to dispose the complaint case.
Heard. Perused the Misc. Appliction.
Since both sides are agreeable with the terms of the application we dispose the complaint case directing the opposite party to hand over a Demand Draft for a sum of Rs.2,09,730/- to be issued in favour of the Complainant at Kolkata within one week from the date of this order.
The Complainant on receiving such Demand Draft will issue a legal and valid receipt of acknowledgement in favour of the OP and will hand over the same to Ld. Advocate on record of the OP at the Ld. Forum.
That in default of said agreed compliance of payment of Rs.2,09,730/- by the OP within agreed period of one week from the date of final order disposing the complaint case in as much as the joint compromise petition, the Complainant will have option to execute the final order made on joint compromise in terms of joint compromise petition along with a simple interest @ 10% p.a. from the date of expiry of the agreed period of compliance.
Thus, the Miscellaneous Application being No.MA/10/2017 is allowed and disposed of. Consequently, the Consumer Complaint being No.CC/161/2017 is disposed in terms of compromise petition.
