Nirmal Pandita vs Rita Ambardar

Rajnesh Oswal, J

The incident giving rise to the respondent's complaint against the appellant occurred in December 1993. This matter has since come before this Court twice. Notably, in an earlier appeal (CIMA No. 112/1999), this Court allowed the appeal of the appellant herein and remitted the matter to the J&K State Consumer Disputes Redressal Commission, Jammu, vide judgment dated August 30, 2002.

Considering that the parties have been litigating for over three decades, and seeking to provide quietus to the proceedings initiated by the respondent, counsel for the appellant and Senior Counsel for the respondent have reached at a consensus. Without prejudice to the legal issues involved, which shall remain open, the parties agree that this appeal may be disposed of by directing the appellant to pay a lump sum of ₹4,00,000/- (Rupees Four Lakhs Only). This payment is in lieu of the amount awarded by the J&K State Consumer Disputes Redressal Commission, Jammu, and encompasses all actual expenses, general damages, and litigation charges.

Accordingly, in terms of the settlement arrived at between the parties, we dispose of this appeal by directing the appellant to pay an amount of ₹ 4,00,000/- as lump sum to the respondent within a period of six weeks from today. We clarify that we have not examined the merits of the claims or counter-claims of the parties and, as such, express no opinion thereon.

Before parting, we would like to record our appreciation regarding the efforts made by Ms. Veenu Gupta, learned counsel for the appellant and Mr. P. N. Raina, learned Senior Counsel for the respondent for settling the three decades old dispute amicably.

Disposed of along with the connected application.