Assam

StateCommission

MA/60/2017

M/S Nilachal Associates Pvt. Ltd. - Complainant(s)

Versus

Sri Sibendra Mazumdar - Opp.Party(s)

Mr. S. M. Baruah

06 Jun 2017

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Miscellaneous Application No. MA/60/2017
In
First Appeal No. A/34/2016
 
1. M/S Nilachal Associates Pvt. Ltd.
A.T. Road, Bharalumukh, Guwahati
Kamrup(M)
Assam
2. Sri Jiten Barman (Director)
Gotanagar, Jalukbari, Guwahati
Kamrup(M)
Assam
...........Appellant(s)
Versus
1. Sri Sibendra Mazumdar
S/o Late K. N. Mazumdar Beltola, Guwahati
Kamrup(M)
Assam
2. Sri Nilamoni Goswami
Chenikuthi, Guwahati
Kamrup(M)
Assam
3. Sri Nayanmoni Goswami
Chenikuthi, Guwahati
Kamrup(M)
Assam
4. Housing Development Finance Corporation
Chenikuthi, Guwahati
Kamrup(M)
Assam
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. JUSTICE A. Hazarika PRESIDENT
 HON'BLE MR. Dilip Kr. Mahanta MEMBER
 HON'BLE MS. Renu Prava Mahanta MEMBER
 
For the Appellant:Mr. S. M. Baruah, Advocate
For the Respondent: Mr. K. Bhattacharjee, Advocate
Dated : 06 Jun 2017
Final Order / Judgement

          Heard Mr. S. M. Baruah, learned counsel, appearing for the applicant. Also heard Mr. K. Bhattacharjee, learned counsel, appearing for the respondent.

           This is an application for stay of the order dated 25-4-2017 passed by the District Forum, Kamrup, in Misc Case No. 8/2015 arising out of C.C. No. 82/2010.

           Mr. Baruah has submitted that vide order dated 25-4-2017, the learned District Forum has passed an order fixing 8-6-2017 for personal appearance of the applicant No. 2 directing to show cause as to why he should not be punished under the Provision of Section 27 of the Consumer Protection Act, 1986.

           Mr. Baruah has further submitted that this order needs to be stayed in view of the fact that an amicable settlement has already been arrived at between the parties and to that effect, they are going to file a compromise petition before the learned District Forum on 8-6-2017, i.e. the next date fixed, stating that the awarded amount will be paid in six monthly installments starting from 1-7-2017. Mr. Bhattacharjee, has also endorsed the submission  so made by Mr. Baruah.

           In view of the submission so made, learned District Forum is directed not to give effect to the order dated 25-4-2017 till the awarded amount with interest etc. in six monthly installment is paid completely.

           We make it clear that if the applicants failed to adhere the aforesaid terms at any point during the above six months period, the earlier order dated25-4-2017 shall immediately come into effect. This has the consent of Mr. Baruah, learned counsel appearing for the applicant.

           With the above direction the instant Misc Case is allowed and disposed of.

 
 
[HON'BLE MRS. JUSTICE A. Hazarika]
PRESIDENT
 
[HON'BLE MR. Dilip Kr. Mahanta]
MEMBER
 
[HON'BLE MS. Renu Prava Mahanta]
MEMBER

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