For the complainant: Sh.Inderjit Lakhra, Advocate alongwith Sh.Avtar Singh, complainant.
For Opposite Party No.1: Sh.Sandeep Singh, proprietor
For Opposite Party No.2: none
Today the case was fixed for further proceedings. At this stage, Sh.Sandeep Singh, proprietor of M/s.Accel Frontline Global, IT Services, Shop No. 27,20, 2nd Floor, Pandit Deen Dyal Upadhya Complex, Bhandari Bridge, Amritsar appeared on behalf of Opposite Party No.1 and suffered a statement that he has brought today the Mobile Set of the complainant in dispute after repair for delivery to the complainant. The company is also ready to extend the warranty of the Mobile Set in dispute. On the other hand, Sh.Avtar Singh, complainant suffered a statement that he has received the Mobile Set in dispute after repair in the Forum, but he pressed for compensation, litigation expenses and extended warranty in accordance with law.
In view of the compromise arrived at between the parties, the complaint is required to be disposed off. But however, since the Opposite Party has made the complainant to file the instant complaint and the complaint has been pending disposal ever since 30.8.2016 till date and the complainant had to incur expenditure on engaging the counsel as well as expenses for instituting the complaint. The complainant has also suffered mental agony, physical pain and inconvenience at the hands of the Opposite Parties. As such, the complainant is also entitled to compensation as well as litigation expenses. Although the complainant has made a request for grant of compensation to the tune of Rs.25,000/-, but however, the amount claimed by the complainant appears to be quite excessive and exorbitant. It is settled principle of law that no excessive or exorbitant compensation is to be granted by the Forum, rather the compensation has to be granted to offset the loss only. It is none of the intention of the legislature to grant compensation to enrich a party at the cost of other. Taking all the aforesaid facts and circumstances of the case in view, the complaint is entitled to compensation to the tune of Rs.3,000/- while costs of litigation are assessed at Rs.1,000/-. Opposite Parties also directed to issue the extended warranty of the Mobile Set in dispute for a further period of 6 months in favour of the complainant and the complaint stands disposed of accordingly. Compliance of the order be made within a period of one month from the receipt of copy of this order, failing which, the awarded amount shall carry interest @ 6% per annum from the date of order until full and final payment. It shall further entitle the complainant to get the order executed through the indulgence of this Forum. 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
