H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA.



Appeal No. 249/2006.

Date of Decision 10.07.2009.

In the matter of:



Smt. Krishna Devi W/o late Sh. Sambhu Ram

R/o near Super Bazar, Bhojpur, Sundernagar,

Tehsil Sundernagar, Distt. Mandi, HP.

… … Appellant.

Versus



1. Sh. Sunil Dhiman C/o Megha Marketing -------- Respondents

& Leasing, Purani Mandi, Distt. Mandi, HP., No.1 and 2 were

deleted from the array of respondents vide order dated 26.4.2007.

2. Sh. Ganesh Kumar C/o Megha Marketing --------

& Leasing, Purani Mandi, Distt. Mandi, HP.,



3. Dada Motors Ltd. G.T. Road Dholewala Chowk,

Ludhiana, Punjab.,



4. Ms Mahindra & Mahindra Finance Services Ltd.

Branch Office Lunapani, PO Bhangratu, Tehsil Sadar,

Distt. Mandi, HP.

… … Respondents.





Hon’ble Mr. Justice Arun Kumar Goel (Retd.), President.

Hon’ble Mrs. Saroj Sharma, Member.

Hon’ble Mr. Chander Shekher Sharma, Member.



Whether approved for reporting? No.



For the Appellant: Mr. Manoj Chauhan, Advocate.



For the Respondent No. 3: Mr. T.S. Chauhan, Advocate.



For the Respondent No. 4 Mr. Prince Chauhan, Advocate vice

Mr. Rahul Mahajan, Advocate.





O R D E R



Justice Arun Kumar Goel (Retd.), President (Oral).



When hearing in this case commenced, learned counsel for the respondent No. 3 stated that the parties have settled the matter outside the court, as such appeal may be disposed of accordingly. According to learned counsel for the respondent No.3-Dada Motors Ltd., appellant owed Rs. 26,816/- which she has not paid till date despite the vehicle having been delivered to her. As such this amount when calculated at the prevalent bank rate will be almost doubled. He however submitted that with a view to put an end to this litigation, his client is ready and willing to pay a sum of Rs. 35,000/- with 6% interest from the date of filing of the complaint till the date of payment/deposit whichever is earlier. He further stated that his client also foregoes the claim of Rs. 26,816/- which according to it has not been paid till date by the appellant.

2. This statement made on behalf of the respondent No.3 is accepted on behalf of the appellant by Mr. Chauhan who stated that appropriate orders may be passed in terms of the settlement while allowing this appeal.

3. In the light of the above agreement between the parties, while allowing this appeal, it is ordered as under:-

i) That respondent No.3 shall remit directly a sum of Rs. 35,000/- with 6% interest from the date of filing of the complaint, i.e. 25.8.2005 till the date of remission by means of a bank draft/deposit/cash payment whichever is earlier; and



ii) Respondent No.3 shall not claim any amount including Rs. 26,816/- which according to it is payable by the appellant to the respondent No.3-M/s Dada Motors Ltd.



Subject to this modification based on the above agreement between the parties, order passed by District Forum Mandi, Camp at Sundernagar in Consumer Complaint No. 189/2005, dated 16.5.2006 is modified and appeal stands disposed of in these terms.

Learned counsel for the parties have undertaken to collect copy of this order from the Court Secretary free of cost as per rules.

Shimla,

July 10, 2009. ( Justice Arun Kumar Goel ) (Retd.)

President



(Saroj Sharma)

Member.



( Chander Shekher Sharma )

/Karan/ Member.