State Consumer Disputes Redressal Commission
Shree Visamo Chs Ltd vs M/S Vijay Enterprises on 30 July, 2024
1 (EA/22/260)
BEFORE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION MAHARASHTRA, MUMBAI
EXECUTION APPLICATION NO.EA/22/260
Shree Visamo CHS Ltd.
Through its Chairman-
Shri Mahendra Bothmal Jain
Address at- Plot No.206,
TPS III, CTS No.681,
Borivali (W),
Mumbai - 400 092. Applicant
Versus
M/s.Vijay Enterprises
Through Mr.Vijay Damji Shah
The sole proprietor of
M/s.Vijay Enterprises
5, Dipawali Bungalow,
5th Katurba Road,
Borivali (E),
Mumbai - 400 066. Respondent
BEFORE :
Mukesh V. Sharma, Presiding Member
Poonam V. Maharshi, Member
:- ORDER :-
(Dated 30th July, 2024)
Per : Hon'ble Mr. Mukesh V. Sharma, Presiding Member
1. The execution application EA/22/260 was filed by Shree Visamo CHS Ltd. (applicant/complainant) against M/s Vijay 2 (EA/22/260) Enterprises Through it's Proprietor Mr. Vijay Damji Shah (respondent/accused) due to non-compliance with the consent terms dated 07/10/2016.
2. On 16 July 2024, both parties submitted that the consent terms had been complied with on 26/04/2024. However, the applicant expressed grievances about the hardships suffered during the compliance process and requested the imposition of costs on accused. The matter was kept back to allow the applicant's advocate to seek instructions regarding the withdrawal of the application.
3. Today both parties Advocate filed a joint pursis stating that the consent terms had been complied with and there was no further purpose to proceed with the matter.
4. The primary issue in this execution application was the non- compliance with the consent terms dated 07/10/2016. Both parties have confirmed that the consent terms have been complied with on 26/04/2024.
5. In view of the submissions made by both parties and the compliance with the consent terms, there is no purpose to keep this complaint pending and we proceed to pass the following order:
:- ORDER :-
a) The execution application EA/22/260 is disposed of as dismissed for want of prosecution.
b) The accused/respondent is acquitted of the offence punishable under Section 27 of the Consumer Protection 3 (EA/22/260) Act, vide Section 279 of Bhartiya nagrik Suraksha Sanhita, 2023 / Section 256 of the Code of Criminal Procedure.
c) The bail bonds of the accused are cancelled.
d) Bail amount deposited by the accused to be returned after appeal period gets over.
e) Copy of this order be provided to both the parties free of cost.
[ Mukesh V. Sharma] Presiding Member [Poonam V. Maharshi] Member rsc