Wednesday, October 16, 2024

Withdrawal Petition in Consumer Case

 

District : South 24 Parganas.

 

Before the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.

 

 

                                                          M.A. no.                of 2015,

                                                { Arising out of C.C. no. 95 of 2015 }

                            

                                                          In the matter of :

 

Shri Hemanta Adhikary, Son of Naren Adhikary, residing at Village – Dakshinalay, Post Office - Rajarampur, Police Station -  Falta, District – South 24 Parganas, Pin - 743504.

                             ______Petitioner / Complainant.

 

-       Versus –

 

1.   M/s. Future Automobile Agency Private Limited, Dey Motors Compound, NH – 6, Chamrail, Kona, Howrah – 711114.

 

2.   M/s. Eicher Motors Limited, 102, Industrial Area No.1, SEZ, Pitampura, District Dhar, Madhya Pradesh, PIN – 454775.

 

3.   M/s. VE Commercial Vehicles Limited, having Registered Office at 3rd Floor, Select Cotywalk, A-3, District Centre, Saket, New Delhi – 110 017.

 

4.   United Bank of India, Sahararhat Branch, Falta Road, P.O. Sahararhat, District South 24 Parganas, Pin - 743584.

 

________ Respondents / Opposite Parties.

 

 

Withdrawal of Complaint Case being C.C. no. 95 of 2015

 

 

The humble petition of the above named petitioner / Complainant, most respectfully;

 

Sheweth as under :

 

1.    That the Petitioner / Complainant made an application under Section 12 of the Consumer Protection Act’ 1986, against the Respondents / Opposite Parties.

 

2.    That the petitioner is not able to run the bus only due to manufacturing defects as owing in engine of the bus on several occasions occurred and such defects continued and the said engine go out of order and not worked properly.

 

3.    That the present proceeding is still pending and posted for Written Version and report from the Automobile Expert, before the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.

 

4.    That during the pendency of the present proceeding your petitioner entered into an amicable settlement with the Respondents / Opposite Parties, with the intervention of well wishers and such amicable settlement has been reached and ended between the parties of the proceeding at the payment of Rs. 6,00,000/- ( Rupees Six Lakhs ) only, made by the Respondents / Opposite parties  to your petitioner.

 

5.    That in view of the facts of such settlement as arrived between the parties of the proceeding, your petitioner condone all allegations against the respondents / opposite parties and therefore do not want to proceed any more against the respondents / opposite parties, before the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.

 

6.    That further in view of such facts of settlement as arrived between the parties of the proceeding, your petitioner seeks to withdraw the present proceeding at once, in the interest of administration of justice.

 

7.    That this application is made bonafide and in the interest of administration of justice.

 

8.    The Petitioner therefore prayed for :

 

 

Under the above facts and circumstances, It is prayed that your Honour would be graciously pleased to grant the following prayers / relief :-

 

 

a)    To  dismiss Complaint Case being no. CC / 95 / 2015, as withdrawn by the petitioner herein;

 

b)   And to pass such other necessary order or orders as your Lordship, may deem fit and proper for the ends of justice.

 

And for this act of kindness, the Petitioner, as in duty bound shall ever pray.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Verification

 

 

I, being the Petitioner, herein, do hereby declare that the forgoing paragraphs no________to ________are true to the best of my knowledge and rest prayers portions are my humble submission before the Hon’ble Forum and I duly sign and verify this Plaint on _____________2015.

 

 

 

 

                                                                             Petitioner

                                                                             Identified by me,

 

 

                                                                                      Advocate.

Prepared in my Chamber,

 

Advocate.

Dated : _______________2015.

Place : Alipore Judges’ Court.

 

 

 

 

 

 

 

 

 

 

 

District : South 24 Parganas.

Before the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.

 

                                                M.A. no.                of 2015,

                                                { Arising out of C.C. no. 95 of 2015 }                                                

In the matter of :-

                                                         

Shri Hemanta Adhikary,

……..Applicant / Petitioner.

-          Versus –

 

M/s. Future Automobile Agency Private Limited, and others,

          ………Respondents / Opposite Parties.

 

AFFIDAVIT

 

Affidavit of Shri Hemanta Adhikary, Son of Naren Adhikary, aged about 46 years, by faith Hindu, by Occupation Driver, residing at Village – Dakshinalay, Post Office - Rajarampur, Police Station -  Falta, District – South 24 Parganas, Pin - 743504.

 

I, the above deponent do hereby solemnly affirm and declare as under :-

 

1 : That I am being the petitioner, in the above case, thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.

 

2 : That the facts contained in my accompanying complaint / application, the contents of which have not been repeated herein for the sake of brevity may be read as an integral part of this affidavit and are true and correct to my knowledge.

 

 

 

                                                                                      DEPONENT

Verification

 

I, the above named deponent do hereby solemnly verify that the contents of my above affidavit are true and correct to my knowledge, and no part of it is false and nothing material has been concealed therein.

 

Verified this ………….the day of …………….2015, at Alipore Judges’ Court.

 

 

 

                                                                   DEPONENT

                                                                   Identified by me,

 

 

                                                                   Advocate.

Prepared in my Chamber,

 

Advocate.

Dated :……………………2015.

Place : Alipore Judges’ Court.

 

N O T A R Y

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