State Consumer Disputes Redressal Commission
Prashant T Jariwala vs Club Mahindra Holiday on 16 March, 2022
Date of disposal: 16/03/2022
Date of filing: 04/10/2019
Days of disposal: 894 Days.
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION
GUJARAT STATE, AHMEDABAD
COURT NO: 04
Appeal No. 150 of 2019
Mr. Prashant T. Jariwala,
28, Samastha Brahmakshatriya Society,
Nr. Chandranagar,
BRTS bus stand, Narayannagar road,
Paldi, Ahmedabad. ... Appellant
V/s
1. The Managing Director,
Club Mahindra Holiday,
Mahindra Tower, 2nd Floor,
17/18, Petulad road, Chennai-600 002.
2. The Manager,
Mahindra Holiday & Resort (Ind.) Ltd.
1st Floor, Himalaya Mall,
Drive-in-road, Ahemedabad. ...Respondents.
=============================================================
BEFORE: Dr. J.G. Mecwan, Presiding Member.
APPEARANCE: Mr. D.B. Mehta, Ld. Ad. for the appellant.
Smt. Nehal Gandhi, Ld. Ad. for the respondent.
============================================================= Order below Exhibit 07 & 08.
ORAL ORDER: (By Dr. J.G. Mecwan, Presiding Member) March 16, 2022.
1. Application dated 07.03.2022 at Exh. 07 has been submitted by both the parties requesting to take the present Appeal on today's board which has been originally listed on 28.03.2022. This Commission has granted the application and Registry is directed to place the subject Appeal on today's board.
2. Today when the matter came up for hearing, learned Advocate for appellant as well as the other side tendered a settlement pursis and stating therein that "સદર કામ આપ નામદાર કોર્ટ મા પેંડિગ છે જેની પછી ની મુદત તારીખ ૨૮.૦૩.૨૦૨૨ છે . પરં ત ુ અમો અરજદાર અને સામાવાળા વચે સમાધાન થઇ ગયેલ હોવાથી એ નામ્દાર કોર્ટ ને આ અરજી આપીને નમ્ર અરજ કરીએ છછએ કે સદર કામ બોિટ પર લઇ અમારી સમધાન પુરસીસ રે કોિ કરી સદર કામનો છનકાલ કરવા આથી મહેરબાન કરશોજી. " In the said pursis appellant - Mr. P.T. Jariwala, Ld. Adv.
Page 1 of 3R.I. DESAI A/150/2019 Mr. S.G. Shah appearing on behalf of appellant and ld. Adv. for the respondent have made their endorsements.
3. Heard both the sides. I have also gone through the 'Consent Terms' which is on record at Exh. 08 wherein it has been specifically mentioned that, "that the both parties have agreed to settle their dispute for total amount of Rs. 1,20,000/- and respondents have paid the said amount of Rs. 1,20,000/- by Demand Draft No. 512869 dated 02.03.2022 for Rs. 1,20,000/- drawn on HDFC Bank in favour of appellant. That the appellant has accepted and acknowledged the said amount towards full and final settlement in relation to the said Compliant and thus he has no claim remaining in relation to the said judgment and order dated 31.05.2018. That both the parties have agreed for disposal of the present Appeal in view of these consent terms." Wherein also the endorsements of Mr. Parhiv Pathak, Authorized Signatory of RDPS and Mr. P.T. Jariwala - appellant are available as well as round stamp of Mahindra Holidays & Resort India Ltd. is also available on the Consent Term. Moreover in such Consent Term, Mr. Jariwala has also acknowledged that the said Demand Draft along with entire set of settlement has been received by him.
4. Furthermore 'Authorization Letter' dated 2nd March, 2022 of Club Mahindra is also produced herewith wherein it has been stated that Mr. Parthiv Pathak is authorized to Sign and verify settlement of the said matter. In such Authorization Letter endorsement of Mr. Dhanraj Mulki, General Counsel & CS is available along with the round stamp of Mahindra Holidays & Resort India Ltd. as well as Speciman signature of Mr. Parthiv Pathak is also available.
5. Moreover Power of Attorney has been also produced herewith wherein endorsements of Mr. Kavinder Singh, M.D. & CEO along with Authorized Signatory for Mahindra Holidays & Resort India Ltd. are available.
6. I have gone through the record of this case. Xerox copy of singed Demand Draft dated 02.03.2022 amounting to Rs. 1,20,000/- in favour of Mr. Prashant T. Jariwala and Xerox copy of Adhar card of Mr. Jariwala are on record which also carry the endorsement of Mr. Jariwala. Vakalatpatra of learned Advocate Mr. D.B. Mehta is also on record and in the said Vakalatptra, signatures of ld. Adv. Mr. S.G. Shah and Mr. Page 2 of 3 R.I. DESAI A/150/2019 Jariwala are also available. Moreover Vakalatpatra of ld. Adv. Smt. Nehal Gandhi is also on record in which endorsement of Authorized Signatory for Mahindra Holiday & Resorts India Ltd is also available. I have verified all the signatures from the record which are seem to be genuine.
7. In view of the above and considering the pleadings of both the parties I am satisfied that the settlement between both the parties arrived at is genuine. Hence, considering the facts and circumstances of the case and in the interest of justice the following order is passed.
ORDER
1. In view of the settlement pursis present Appeal No. 150/2019 stands disposed of.
2. No order to cost.
3. Office is directed to forward a free of cost certified copy of this order to the respective parties.
[Dr. J.G. Mecwan]
Presiding Member
Page 3 of 3
R.I. DESAI A/150/2019