STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                Date of Institution: 17.04.2018

                                                         Date of Order: 14.12.2023

CONSUMER COMPLAINT NO. 237 of 2018

IN THE MATTER OF: -

1. Jaswinder Singh S/o Sardar Singh, R/o # 3004, ATS Lifestyle, Dera Bassi, Punjab now since deceased through his LRs (i) Surinder Kaur W/o Sh. Jaswinder Singh, (ii) Gurpreet Kaur D/o Jaswinder Singh, (iii) Gurkirpal Singh S/o Sh. Jaswinder Singh. All are resident of # 3004, ATS Lifestyle, Dera Bassi, Punjab.                                                                                …..Complainants

Versus

1. Vatika Ltd., a company registered under the Companies Act, 1956, through its MD operations, having its operation office at Vatika City Central, Sector-23, Opp. Rajiv Gandhi Stadium, Ambala City.
2. Anjali Aggarwal, Promoter/Authorised signatory/MD, Vatika Limited, Corporate Office, Vatika Triangle, 5^th Floor, Shushant Lok, Phase-I, Block-A, Mahrauli-Gurgaon Road, Gurugram-122002, Haryana.                                     …..Opposite Parties

CORAM:             Naresh Katyal, Judicial Member

Present:-            Sh. Abhishek Kathuria, counsel for complainants.

None for opposite parties.

                                                ORDER

NARESH KATYAL, JUDICIAL MEMBER:

          This complaint is already fixed for hearing for 25.01.2024. File has been taken up today on filing of two Misc. Applications viz. MA No. 426 of 2023 and MA No. 427 of 2023. In view of text of above mentioned two MAs; and text of settlement agreement dated 11.10.2023 which bears signatures of LRs of complainant-Jaswinder Singh (since deceased) and signature of authorized signatory of OPs; this Commission does not deem it necessary to issue notice in both MAs to OPs. Date fixed in this complaint stood pre-poned from 25.01.2024 to today i.e. 14.12.2023. In relation to above mentioned two MAs; learned counsel for complainant has suffered following statement on oath:-

“Stated that main complainant-Jaswinder Singh had since expired on 11.05.2021 as per copy of death certificate appended along with MA No. 427 of 2023. He has left behind his LRs namely Surinder Kaur-wife; Gurpreet Kaur-daughter and Gurkirpal Singh-son. There are no other LRs except mentioned above. Right to prosecute the complaint has devolved on LRs. Accordingly, M.A. No. 427 of 2023 be allowed and LRs be taken on record. I am filing my fresh power of attorney on behalf of LRs.

        Further stated that compromise has been arrived by the LRs of Jaswinder Singh with OPs, as per settlement agreement dated 11.10.2023 which bears signatures of LRs and authorized signatory of OPs. Copy of said compromise is appended along with MA No. 426 of 2023. Grievance arising in this compliant has been redressed now in view of amicable settlement. Consequently, MA No. 426 of 2023 be also allowed and permission be granted to LRs of Late Sh. Jaswinder Singh to withdraw this complaint, by pre-poning the date already fixed i.e. 25.01.2024 to today (14.12.2023).”

2.      Power of attorney has also been filed by Sh. Abhishek Kathuria on behalf of LRs of complainant-Late Sh. Jaswinder Singh. In the light of first part of above statement of learned counsel, which concerns with MA No. 427 of 2023; this Commission allows said MA No. 427 of 2023, subject to all just exceptions, only for the purpose of disposal of this complaint. Consequently, LRs of Late Sh. Jaswinder Singh are taken on record and mentioned as such in title of this order.

3.      Further, in light of second part of above quoted statement of learned counsel for LRs of complainant; permission is granted to LRs of Late Sh. Jaswinder Singh to withdraw this complaint in view of settlement agreement dated 11.10.2023 already appended along with MA No. 426 of 2023 which bears signatures of LRs of Late Sh. Jaswinder Singh, as well as, signature of authorized signatory of OPs.  Grievance of complainant, now represented by his LRs, stood redressed in the light of settlement agreement dated 11.10.2023. As flowing consequence, this complaint is hereby dismissed as withdrawn; matter involved in this complaint having being compromised between parties to this lis in view of settlement agreement dated 11.10.2023. It is ordered accordingly.

4.      A copy of this order be provided to both parties, free of cost, as mandated by the Consumer Protection Act, 1986/2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties. Complaint file be consigned.

Date of Order: 14^th December, 2023

                                                                             Naresh Katyal                

                                                                         Judicial Member

                                                                        Addl. Bench-II