Punjab

Amritsar

CC/16/439

Dharminder Talwar - Complainant(s)

Versus

A.S. Mobile Service - Opp.Party(s)

Deepinder Singh

02 Nov 2016

ORDER

 

 

Order dictated by:

Sh.S.S.Panesar,President.

 

          On 28.10.2016  Sh.Sandeep Singh,Prop. Of M/s. A.S.. Mobile Service has suffered a statement that opposite party No.1 handed over the mobile set in question to the complainant after repair/rectification on 13.9.2016 and has redressed the grievance of the complainant  and therefore, he does not want to file any written version to the complaint . At this stage Sh.Deepinder Singh,Advocate counsel for the complainant has also made a statement that the mobile handset has been handed over to his client after repair/rectification on 13.9.2016. But, however, complainant presses for cost and compensation as claimed vide instant complaint. In our considered opinion, complainant  is entitled for compensation as well as litigation expenses because opposite party made the complainant to file the instant complaint and his grievance has been redressed after receipt of notice of the complaint by the opposite party. Moreover, complainant had to engage a counsel for filing the complaint besides incurring expenses for counsel fee as well as expenses on lodging the complaint. When the grievance of the complainant were not met with, he had also suffered mental pain, harassment & inconvenience as well. However, complainant has made a request for grant of compensation to the tune of Rs. 25000/- vide instant complaint which in our opinion appear to be quite exorbitant and  excessive. It is settled principle of law that compensation has to be granted in order to   set off the loss occasioned by the complainant and no exorbitant or excessive compensation is to be granted to enrich a party at the cost of the other . In our considered opinion the grievance of the complainant shall be fully met with if he is granted compensation to the tune of Rs. 3000/-   and we grant the same accordingly. Litigation expenses are assessed at Rs. 2000/-. Opposite party No.1 is directed to make compliance of the order within 30 days of the receipt of copy of this order ; failing which, awarded amount shall carry interest @ 6% p.a. from the date of filing of the complaint until full and final recovery. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

 

Dated: 1.11.2016.