(Passed on 20.07.2016)

Per Mr. Justice A. P. Bhangale, Hon’ble President

1.Heard submission on behalf of the appellant. The learned advocate for the appellant is aggrieved by the judgement & award passed by the learned Addl. District Consumer Forum, Nagpur, whereby the award was passed in favour of the complainant on 06.01.2011 in Consumer Complaint No. 109/2010. 

2.According to the learned advocate the learned Addl. District Consumer Forum completely overlooked the compromise Pursis, which was on record of the Forum. The parties have agreed to certain terms & conditions present in the Pursis dtd.23.11.2010, which was signed by parties as well as the advocates representing them.  It was agreed between the parties that in view of plot No.296, alternate plot No.129 in the layout of the Society of the O.P., which was numbered as Kh.7, Mouja Panjra, Tah. Kamthi, Dist. Nagpur was offered to the complainant and she had agreed to take that plot No.129 so that after registered sale-deed in respect of plot No.129 in her favour, she would execute registered document for cancellation of the sale-deed in respect of earlier Plot No.296.  It was also agreed by the complainant that O.P. shall incur all the expenses for the sale-deed of plot No.129 and for cancellation of sale-deed in respect of plot No.296 while the complainant shall bear the expenses for cancellation its sale-deed. 

3.This compromise was entered into between the parties on 23.11.2010, which, according to the learned advocate for the appellant, could not have been overlooked by the learned Addl. District Consumer Forum, Nagpur. It appears that instead of enforcement the terms of the compromise between the parties, the Forum totally disregarded all the terms & conditions of the said compromise Pursis and proceeded ahead to otherwise dispose of the complaint.  That being so, it acted beyond its jurisdiction when the parties had entered into settlement in writing before it requesting to dispose of controversy between them by written Pursis.

4.We, therefore, set aside the impugned judgement & order of Addl. District Consumer Forum, Nagpur for to enforce the terms of compromise dtd.23.11.2010 between the parties. 

5.The complaint shall be treated as disposed in view of joint compromise Pursis dtd.23.11.2010 and terms of compromise shall be enforced as final award between the parties, when execution thereof is sought by the complainant and the O.P. appellant herein.

ORDER

i.The appeal is allowed accordingly with litigation cost of Rs.5,000/-. Complaint stand disposed of in view of compromise Pursis.

ii.       Copy of the order be supplied to both parties free of cost.