Chandigarh

StateCommission

A/111/2018

Diamond International Packers & Movers - Complainant(s)

Versus

Amar Dixit - Opp.Party(s)

09 May 2018

ORDER

As per office report, the record of the District Forum has been received.

                    Alongwith the appeal, an application for condonation of delay of 7 days in filing the appeal, has been filed. However, the office has reported that the appeal filed is within limitation. In view of report made by the office, the application stands disposed of having rendered infructuous.

                   Vide order dated 05.02.2018 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short ‘the Forum’) in Execution Application bearing No.189 of 2016, for non-compliance to the judgment passed on 13.10.2015, Sh. Rohit Kumar, owner/one of the Directors of Diamond International Packers & Movers, C/ SCF 28-A, New Defence Colony, Zirakpur, Mohali – 140603, was ordered to undergo sentence for a period of six months and to pay a fine of Rs.5,000/-. For non-deposit of fine, he was to further undergo six months imprisonment. It is stated that after passing upon judgment, the judgment debtors made compliance to the judgment dated 13.10.2015.

                   To show above fact, affidavit of Sh. Amar Dixit, respondent/decree holder/complainant has been placed on record.

                   Sh. Amar Dixit, respondent/decree holder/complainant is also present in Court and he has admitted the above fact.

                   In view of above, we are of the opinion that on making compliance of the judgment under execution, no purpose will be served, if Sh. Rohit Kumar, owner/one of the Directors of Diamond International Packers & Movers, C/o SCF 28-A, New Defence Colony, Zirakpur, Mohali – 140603 is ordered to undergo the imprisonment awarded. Accordingly, the appeal is allowed. Order dated 05.02.2018, under challenge, is set aside.

                   Certified copy of this order be sent to the Forum concerned with the direction to recall the warrants of arrests immediately.

                   Certified copy of this order be given dasti to the Counsel for the appellants and also to Sh. Amar Dixit, respondent.