STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

First Appeal No  :      211 of 2015

Date of Institution:      04.03.2015

Date of Decision :       21.05.2015

IFB Industries Limited through its Regional Accountant, Plot No.640 A, Industrial Area, Phase IX, Mohali (S.A.S. Nagar) in complaint mentioned as IFB Industries Limited, Home Appliances Division, Plot Ind-5, Sector 01, East Calcutta Township, Calcutta-700107, West Bengal.

                                      Appellant-Opposite Party No.2

Versus

1.      Anup Singh Dahiya s/o Late Shri Zile Singh, Resident of House No.3239-3240, Sector-15, Sonepat.

Respondent-Complainant

2.      Batra Electricals Private Limited, Railway Road, Sonepat through its Director Mr. Surender Batra.

                                      Respondent-Opposite Party No.1

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:               Shri P.K. Kukreja, Advocate for appellant.

Shri Harinder Pal Singh Ishar, Advocate for respondent No.1.

Shri Ashwani Kumar Antil, Advocate for respondent No.2.

                                                   O R D E R

NAWAB SINGH J.(ORAL)

IFB Industries Limited-Opposite Party No.2 is in appeal against the order dated January 30^th, 2015 passed by District Consumer Disputes Redressal Forum (for short ‘District Forum’), Sonepat. For ready reference, the operative part of the order is reproduced as under:-

“…..Accordingly, we hereby direct the respondents to replace the fully automatic washing machine of the complainant with any other washing machine of IFB company upto the price of Rs.21000/- only.”   

2.      Learned counsel for the appellant without going into the merits of the case has fairly stated that the appellant is ready to pay Rs.21,000/-, that is, the price of washing machine to Anup Singh Dahiya, provided he returns the washing machine, the particulars of which are mentioned in ‘Annexure-A’ as under:-

                   “Model No      :   Senorita Dx

                   Serial No        :  33499

                   Purchase Date:  01.03.2011

                   Install Date      :   01.03.2011”

3.      In view of the above, it is ordered that on June 15^th, 2015, that is, the date fixed in the execution application, Anup Singh-complainant would take the washing machine, the particulars of which have been given above, before the District Forum, Sonepat and would hand over the same to the representative of the appellant. The appellant shall pay him Rs.21,000/- through Demand Draft. It is also recorded for the sake of clarity that if the complainant fails to take the machine before the District Forum on the date fixed, in that eventuality one more opportunity shall be given to him to return the machine on the next date fixed by the District Forum.  In case the machine is not returned on the said date, the complaint shall be deemed to have been dismissed. The District Forum shall verify the particulars of the machine as mentioned in Annexure-A.

4.      The appeal is disposed of accordingly.

CL