Mr. H. Talukdar, learned counsel, for the complainant Mr. Nameli Chand Thakuria and Ms Hiranmoi Chand Thakuria is present along with Mr. Sushanta Biswas, authorised representative of the opposite party M/S Maa Kamakhya Saraighat Real Estate (JV) who is also present in person. The complainants and Mr. Biswas jointly filed the application purportedly under order 23 rule 3 of the CPC with a prayer to draw up the compromise decree in the present case CC 4/2022. On the basis of an agreement for compromise the same was duly registered bearing registration No.15082 Dated: 21-07-2023. The said agreement bearing No.15082 dated: 21-07-2023 is annexed to the joint application and amongst various terms and conditions, the relevant terms and conditions of the said registered agreement are reproduced here in below:
7) That it is hereby agreed upon and ratified by both the parties herein that apart from the modifications made by this compromise Agreement all the remaining clauses of the original Registered Agreement No:5401 dated 17/18.05.2009, including the location, size of the flat, and amenities, etc. shall remain unchanged and this agreement has to be bread together with the terms and conditions as stipulated in the said original agreement along with the layout provided in the new brochure catalogue of the SCHEDULE-B property, i.e. Flat 6-B at the 6th floor . No modifications or alterations shall be made to these aspects unless mutually agreed upon in writing by both parties.
8) That both the parties hereto agree that the Consumer Case being CC/04/2022pending before the Assam State Consumer Disputes Redressal Commission be accordingly decreed on compromise in terms of this Agreement forming this Agreement to be part of such Decree/Award.
9) That both the parties will file a joint petition along with the copy of this Agreement before the Hon’ble Assam State Consumer Disputes Redressal Commission so that a compromise decree may be passed to this effect.
10) That any dispute between the parties hereto in relation to this Agreement shall be resolved/redressed as per law in force before the appropriate Court of Law at Guwahati, if not mutually settled by them.
Mr. Biswas on a specific query by this Commission admitted execution of the registered agreement of compromise bearing No.15082 dated: 21-07-2023 and also the contents of the joint petition filed today. Though the complainants are absent but on being consented by Mr. Biswas upon his specific query by this Commission coupled with the submission made by Mr. Talukdar, the counsel for the complainant we accordingly allow this application and direct the Registry to draw up the compromise decree/order and the said order shall be annexed with the joint application along with the registered deed of agreement No.15082 dated 21-07-2023.. This Complaint case accordingly stands disposed of on the basis of settlement out of court..
