BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PONDICHERRY

C.C.No.63/2011

Dated this the 31^st day of August 2016

Lakshmanan, son of Thangavel,                    

No.1, Kamaraj Street, Engineer Thottam

Vanarapet, Puducherry.

                                                …. Complainant

Vs.

M/s Siva Pile Foundation & Borewell,   

Rep. by its Proprietor Sivaraman  

No.187/1, Lawspet Main Road

Jayaraj Nagar, Karuvadikuppam,

Pondicherry.

                   .... Opposite Party

BEFORE:

          THIRU.A.ASOKAN, B.A., B.L.,

          PRESIDENT 

Thiru V.V. STEEPHEN, B.A., LL.B., 

           MEMBER

FOR THE COMPLAINANT            :  Thiru V. Govindaradjou, Advocate

FOR THE OPPOSITE PARTY        :  Thiru L. Vinoba,  Advocate

O R  D  E  R

          This is a complaint filed u/s.12 and 14  of Consumer Protection Act, 1986 for directing the Opposite Party to dig a new bore and /or to return the price / charge paid for the bore well, to pay a compensation of Rs.3,00,000/- towards his sufferings and pains and towards his mental agony due to the deficiency in service, defects in the goods, unfair trade practice and negligence act on the part of the opposite party and to pay a sum of Rs.5000/- towards the cost of the complaint.    

          2. Notice to the opposite party was served.  The Opposite party appeared through Counsel and filed Reply version.     The complainant was examined himself as CW1 and Exs.C1 to C5 were marked.  On the side of complainant, an independent witness was examined as CW2.  The opposite party was examined himself as RW1 and the matter was posted for cross-examination of RW1.

          3. Today this complaint was called.  Complainant and opposite party and Counsel present.  The parties to the proceedings filed joint compromise memo.  The joint compromise memo is the part and parcel of the record.  In view of the joint compromise memo, this complaint is hereby dismissed as withdrawn.  No costs. 

Dated this the 31^st day of August 2016.

1.  ASOKAN)

PRESIDENT

(V.V. STEEPHEN)

MEMBER

LIST OF COMPLAINANT'S WITNESSES:

CW1           04.11.2013           Lakshmanan

CW2           11.07.2014           J. Nelash Raja

LIST OF OPPOSITE PARTIES WITNESSES:

RW1           28.10.2014           Sivaraman

LIST OF COMPLAINANT'S EXHIBITS:

LIST OF OPPOSITE PARTY'S EXHIBITS: NIL

LIST OF MATERIAL OBJECTS:    NIL.

1. ASOKAN)

                  PRESIDENT

                (V.V. STEEPHEN)

                MEMBER

EXTRACT OF MEMO FILED BY THE PARTIES

          Both the complainant and the opposite party had jointly arrived to the compromise on the following terms:

1. The complainant hereby agrees and accepts and acknowledges the cheque drawn by the opposite party in cheque No. 266391 drawn at UCO Bank, Main Branch, dated 30.08.2016 for a sum of Rs.12,000/- (Rupees twelve thousand only) towards full satisfaction.
2. The complainant hereby agrees to withdraw the above complaint filed as against the opposite party.
3. Both parties agreed that the terms of the joint compromise memo shall form a part of the final order passed in the above complaint.

                              Sd/-                                                                 Sd/-

           COMPLAINANT                                               OPPOSITE  PARTY

                              Sd/-                                                                     Sd/-

COUNSEL FOR RESPONDENT                                  COMPLAINANT

/ TRUE COPY /

1. ASOKAN)

                  PRESIDENT

                (V.V. STEEPHEN)

                         MEMBER