NCDRC

NCDRC

FA/323/2015

EMAAR MGF LAND LTD. & ANR. - Complainant(s)

Versus

SANDEEP KAPOOR - Opp.Party(s)

MR. ADITYA NARAIN,MR. ARNAV NARAIN, MS. ANUSHREE NARAIN & MR. SHASHANK BHUSHAN

02 May 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 323 OF 2015
 
(Against the Order dated 03/03/2015 in Complaint No. 167/2014 of the State Commission Chandigarh)
1. EMAAR MGF LAND LTD. & ANR.
ECE HOUSE, 28, KASTURBA GANDHI MARG,
NEW DELHI-110001
2. EMAAR MGF LAND LTD.,
SCO NO. 120-122, 1ST FLOOR, SECTOR-17-C,
CHANDIGARH
...........Appellant(s)
Versus 
1. SANDEEP KAPOOR
R/O. FLAT NO. 207, NEW GENERATIONS APARTMENTS,
ZIRAKPUR,
PUNAJB
...........Respondent(s)

BEFORE: 
 HON'BLE MR. PREM NARAIN,PRESIDING MEMBER

For the Appellant :
Mr. Aditya Narain, Advocate
Ms. Anushree Narain, Advocate
For the Respondent :
Nemo

Dated : 02 May 2019
ORDER

The Respondent has filed I.A. No.7071/2019, wherein the following has been stated:

“………………

4.That in the interim, the Appellants and the Respondent have arrived at an amicable settlement and the disputes raised in the Complaint/First Appeal have come to an end to mutual satisfaction of all parties.

5.That in view of the amicable settlement arrived, the Respondent herein is filing this application for withdrawal of the complaint/First Appeal as all the disputes have been settled by and between the parties amicably.The same has been filed in person since the counsel on record has been discharged by the Respondent herein.

6.That the Respondent undertakes to immediately withdraw/give up all his cases, claims, complaints including the directions secured by the Respondent as against the Appellant in Consumer Complaint No.CC/167/2014 decided by Hon’ble SCDRC UT Chandigarh.”

Learned Counsel appearing for the Appellant has also filed an application today clearly stating that on instructions, she affirms that the matter has been settled between the parties and the Respondent has filed I.A. No.7071/2019 stating that the dispute between the parties has come to an end.  It has been requested that the Appeal be disposed of in terms of the settlement.

It is seen from the record that neither of the parties has filed the settlement deed or any terms of the settlement.  In this situation, it is not possible to dispose of this Appeal in terms of the settlement.  The Respondent in his I.A. No.7071/2019 has clearly stated that in view of the settlement, he is withdrawing his complaint.  Hence, the Appeal becomes infructuous.    In any case, if matter has been settled between the parties as confirmed by both the parties in writing, the Appeal cannot proceed as the same would become infructuous.  Therefore, Appeal No.323/2015 is dismissed as having become infructuous. 

Learned Counsel for the Appellant, in her application submitted before this Commission today, has also requested that all amounts deposited by the Appellant company may be directed to be released to the company.  Learned Counsel  has not given  any  details of  the amounts and dates on which the same were deposited.  Learned Counsel is advised to file an application for withdrawal of these amounts by giving the full details of amounts deposited, date of deposit and the order under which the same have been deposited.

 
......................
PREM NARAIN
PRESIDING MEMBER

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