State Consumer Disputes Redressal Commission
H J Shastri vs R D Kadia on 6 August, 2008
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION QLJJARAT STATE. AHMEDABAD Civil Misc, Application No. 630 of 2006 Harshadbhai Jasubhai Shastri Flat No.A/5, Status Flats Opp. N avrangpura Telephone Exchange Opp. Patel Seva Sarnaj Hall Ellis Bridge, Ahrnedabad Applicant VETSUS Ravikumar Dahyabhai Kadia B / 4, Rathi Apartment Opp, Sabarrnati Power House Sabarrnati, Ahmedabad and ors. Opponents BEFORE: Justice N.G. Nandi, President Lina P. Desai, Member
Mr. D.D'. Solanki, Advocate for the applicant Mr. Pankaj Leuva, Advocate for Opp. No.1 ORAL ORDER: (By Justice N.G. Nandi, President) Date: August 6, 2008 Heard Mr. DD. Solanki ld. advocate for the applicant and opponent no.1 -- original complainant. By this application, delay of 4 months and 20 days caused in filing the appeal under Section 15 of the Consumer Protection Act, 1986 is sought to be condoned. Notice was issued to the opponents vide order dated 13.2.2007. On 23.4.2007, the applicant filed pursis Exh. 7 stating that opponents no. 1 and 4 are: served with the notice and that opponents no. 2 and 3 could not be served as they were not available. Vide pursis Exh. 16 dated 10.4.2008, the applicant prayed for deleting opponents no. 2 and 3 and accordingly opponents no.2 and 3 have been deleted from the array of parties. Today, the applicant has filed pursis Ex.h.20 praying for deleting opponent no.4 and accordingly opponent no.4 has been ' deleted from the array of parties. The only opponent who;
remains in the appeal is opponent no.1, who has appeared through advocate.
2 The appeal under Section 15 of the Consumer Protection Act with the present delay condonation application is presented by one Harshadbhai Jashubhai Shastri, not a party to the complaint proceedings. According to the learned advocate for the applicant, this appeal has been presented because the present applicant is affected by the orderpassed by the learned Consumer Disputes Redressal Forum, Ahmedabad City in the complaint proceedings inasmuch as original opponents no. 1 to 4 are directed. to hand over the actual vacant possession of Flat No. B/ 5 of Shail Rathi Apartment. According to the present app1icant--appe1lant, he is in actual physical possession of the flat in question and therefore to protect his interest, the appeal is presented with delay condonation application as by the impugned order, he is affected, though not made a party in the complaint proceedings.
3 Today, the present applicant and original complainant (opponent no.1 who is present in person) have filed pursis wherein it is stated that present opponent no.1 -« original complainant gives up relief for vacant and physical possession of Flat 'No--.B/'5, Shail Rathi Apartment' Cooperative I-isg. Society and that the present applicant is in possession of the flat in question from the beginning. It is also stated in the compromise pursis Exh.20 that the matter has been amicably settled between the present applicant and opponent no.1 (original complainant) and that the order passed by the Forum regarding handing over of vacant and physical pos-session of Flat No.B/5 of Shail Rathi Apartment be quashed and set aside.
4 The applicant Harshad Jashubhai Shastri is present. He admits his signature in the compromise pursis and also the contents. Opponent no.1 -- original complainant Ravikumar Dahyabhai Kadia is personally present. He admits the terms of settlement and also his signature below it and states that the vacant and physical possession of the flat in question will remain with present applicant and that he gives up the relief/ right to get the vacant and physical possession granted by the City Forum and the order of the City Forurn to that extent be set aside.
In the compromise put sis accete recorded er dated . rendered in % No. the 1earn&d Cnsumer Disputes ashe viz. "the "E 4 Cted r: --
immediately' the above extent fnly, orer is set as,ide as the parties have arrived at as above.
no further rders setting aside f the impugn Order 120 extent reproducfid eve .
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