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Judgment
Taken up through video conferencing.
Learned counsel for both sides are present in physical hearing. The complainants are present through video conferencing (identified by learned counsel). Mr. Chandan Singh Rawat, director of the opposite party company is present in person (identified by learned counsel).
This has reference in the earlier Orders dated 02-03-2020, dated 01-02-2021, dated 23-03-2021, dated 13-08-2021, dated 18-08-2021 and dated 23-08-2021. The said Orders are a matter of record, and as such are not being reproduced again.
It is jointly submitted by the learned counsel for both the sides that eventually the matter has now been finally settled and does not need to be carried on further. This submission is jointly confirmed by the complainants in person and by Mr. Chandan Singh Rawat, director of the opposite party company in person.
No comments of this Commission on the contents and ingredients of the settlement said to have been effected and implemented.
In the light of the submissions made, the consumer dispute appears to have been rendered infructuous and the consumer complaint is dismissed as such.
Additionally, this is a matter in which some unbecoming inappropriate situation had been occasioned and some acts of indiscipline and inaptness had been displayed on the part of the opposite party company / its functionaries. Repeated Orders passed by this Commission to the chief executive / indicated functionary of the opposite party company were not complied with and ultimately this Commission had to pass the Order of 18-08-2021 inter alia directing Mr. Chandan Singh Rawat, director of the opposite party company to deposit his passport in the police station relating to the area in which he ordinarily resides and further directing him to appear on the date fixed along with explanation and show cause why appropriate proceedings should not be initiated against him.
To recapitulate very briefly, on 02-03-2020 a submission was made by the learned counsel for the opposite party on instructions that the matter had been settled with the complainants. Thereafter on 01-02-2021 a submission was made by the leaned counsel for the complainants that the matter had not been settled and an erroneous submission to that effect was made on 02-03-2020.
An application, being I.A. No. 5892 of 2021, has been filed on behalf of the opposite party company, attempting to explain the circumstances under which the erroneous submission was made on 02-03-2020. Unconditional apology on behalf of the director of the opposite party company for not appearing before this Commission on earlier occasions has also been offered.
Today, Mr. Chandan Singh Rawat, director of the opposite party company again attempts to offer explanation regarding the circumstances under which the erroneous submission was made on 02-03-2020. He also offers his unconditional apology for not appearing before this Commission on earlier occasions.
The explanation in respect of the erroneous submission made on 02-03-2020, as has been furnished, is not to the best of our satisfaction, but keeping in perspective the fact that eventually a compromise has taken place and the rival parties have come to terms and the complainants do not now wish to pursue the matter any further, we do not propose to dive deeper into this aspect.
Suffice is to say that not only the Commission's valuable time and resources were wasted but lot of happenings took place that impelled us to take steps which in normal proceedings we do not find occasion to undertake. The kind of conduct as has been displayed by the opposite party and by its director in-charge of the subject project, Mr. Chandan Singh Rawat during the lis leaves much to desire, and the opposite party and member of its board of directors are advised to watch the step, be careful and display the right conduct in future.
But considering that now the matter has eventually been settled and the complainants do not wish to pursue the matter any further, we accept the apology proffered by Mr. Chandan Singh Rawat, director of the opposite party company, albeit with stern advice of caution.
We also deem it appropriate and necessary to impose a token cost of Rs. 01 lakh on the opposite party company through its director in-charge of the subject project, Mr. Chandan Singh Rawat, which shall be deposited in the Consumer Legal Aid Account of this Commission within two weeks from today. Learned counsel for the opposite party submits on instructions that the cost imposed will be duly deposited within the stipulated period. Mr. Chandan Singh Rawat, director of the opposite party company confirms in person.
Disposed.
At the request of learned counsel for the opposite party, it is clarified that the interim direction to Mr. Chandan Singh Rawat, director of the opposite party company to deposit his passport in the police station does not survive.