Tribunals and Commissions(2015) 04 NCDRC CK 0074

Cosmos Education vs Swati Agarwal

National Consumer Disputes Redressal Commission · Decided on 10 April 2015

HON’BLE JUDGES
AJIT BHARIHOKE , Rekha Gupta J.
RESULT
Petition disposed

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Judgment

4 paragraphs · 413 words
1.

M /s International School of Corporate Management and the complainant Swati Agarwal have amicably settled the matter. They have tendered the settlement agreement duly signed by the complainant as well as Director of M/s International School of Corporate Management, which is taken on record. It is stated that in terms of the aforesaid agreement (Ext. C -1), the revision petitions be disposed of.

2.

SHRI R.N. Pareek, Advocate for M/s Cosmos Education contends that M/s Cosmos Education has also challenged the impugned order. Therefore, the matter cannot be fully resolved on the basis of settlement arrived at between other two parties unless his grievance is redressed. It is contended that during the pendency of the revision petition as a pre -condition to the stay order granted by this Commission, petitioner M/s Cosmos Education had deposited Rs.25,000/ - in the District Forum which has been withdrawn by the respondent/complainant. It is contended that M/s Cosmos Education is not liable to pay any compensation to the complainant. Therefore, the complainant, if she wants to finally settle the matter, should refund him aforesaid Rs.25,000/ -. Learned counsel for the respondent/complainant states that he has instructions that in order to finally settle the matter the complainant is ready and willing to refund the amount of Rs.25,000/ - to M/s Cosmos Education and he undertakes to do so within two weeks.

3.

FROM the above, it is clear that all the concerned parties have amicably settled the matter and in terms of settlement M/s International School of Corporate Management has given bank draft of Rs.2,25,000/ - dated 17th March, 2015 drawn on HDFC Bank bearing No.022781 in favour of Swati Agarwal to her counsel Shri Umesh Nagpal for being delivered to her. Learned counsel for the complainant Swati Agarwal in turn undertakes to refund Rs.25,000/ - to M/s Cosmos Education within two weeks. Counsel for the parties submit that since now there is no dispute left, revision petitions be disposed of. In view of the above, it is clear that parties have amicably settled the matter and resolved the entire dispute. Therefore, revision petitions are disposed of in terms of above settlement.

4.

DURING the pendency of these proceedings, a sum of Rs.71,321/ - were deposited by M/s International School of Corporate Management with District Forum concerned as a pre -condition to the stay. Since the matter has been finally disposed of, aforesaid amount with interest, if any, be refunded to M/s International School of Corporate Management.