DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,HOOGHLY
C.D.F.CASE NO 90 OF 2009
Kabej Seikh.
Chinsurah St. Rd.,
Dakshnayan Lane, No. 6,
P.O. Moinadanga,
P.S.Chinsurah,
DIST.HOOGHLY …. PETITIONER
-VS-
Bhowmik Jewellers,
Super Market, St. Rd.,
P.O. Moinadanga,
P.S.Chinsurah,
HOOGHLY. … OPP.PARTIES
Member …. Reeta Ray Chaudhury Malalkar.
Member .. Sri. Samares Basu.
ORDER NO. 02 DATE 30 .07. 09
Parties file hazira and the learned Advocates of both sides are present. The learned Advocate of OP files his vokalatnama.
A joint compromise petition on affidavit signed by both parties i.e. Kabej Seikh, the petitioner and Sri Dhiraj Bhowmick, proprietor of Op Bhowmick Jewellers are filed.Learned Advocate of complainant submits that he wants to withdraw the case as full and final settlement has already been made as per satisfaction of the petitioner and he is not willing to continue the case and prays that the case may be disposed of in terms of the compromise petition submitted by both parties.
Learned Advocate of the Op submits that the OP has agreed to the clauses of the compromise petition and has already complied with each and every demand of the complainant. So, this case may be dismissed in terms of the compromise petition.
Seen the compromise petition. Heard the parties in person who are present.
The complainant admits that as per clause 1 of the compromise petition he received back one gold Bicche chain weighing about 11.3 gm from the Op ; as per clause 2 he received Rs.35,000/- from Op instead of getting back one gold Jhinuk locket of 19.1 gm, one pair of gold Jhumko pasa of about 4.3 gm and one gold shila finger ring about 4.1 gm ; and as per clause 3 he already received Rs.2000/- as compensation and cost from Op. As such, the complainant submits that he has no claim against the OP at present and shall not file any suit in any court of Law in this respect.
The learned Advocate of OP submits that OP already complied all the clauses of this compromise petition and as per Clause 5 Op already received back the original receipts from the complainant issued by him when the ornaments were pledged.
Heard both sides on the compromise petition. Under the circumstances, we hold that when the complainant wants to withdraw his case and he is not willing to continue his case further, this instant complaint petition U/s 12 of C.P.Act is dismissed for non prosecution and is thus disposed of as full and final settlement of the case in terms of the compromise petition dated 30.7.09 signed by both parties.
Let a copy of this order be made over to the parties free of cost.
Tags: Bhowmik Jewellers