DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDA, MALDA D.F.ORIGINAL CASE NO.02/2007 Date of filing of the Case:03.01.2007 Complainant | Opposite Parties | Mihir Biswas, Age-31 years Vivekanandapally, P.O. & P.S. Gazole, Distt. – Malda | 1. | Bapi Das ‘Insat’ Bidrohi More, Gazole, P.O. & P.S. – Gazole, Dist. –Malda | 2. | The Planet (Nokia Authorized Service Centre) Rabindra Avenue, P.O. Malda, P.S. Englishbazar, Distt. – Malda | | | | | | | | | | |
Present | 1. | Shri S. K. Chakraborty, President | 2. | Smt Sumana Das, Member | 3. | Shri A. K. Sinha, Member |
For the Petitioner: Himself For the O.P.s : For O.P. No.1 S.P. Roy, Advocate For O.P. No.2 Prakash Saha Order No. 07 Dt. 18.04.2007 Both the petitioner and O.P. No.1 are personally present. O.P. no. 1 submits that the set in question has been sent to NOKIA SERVICE CENTRE, MALDA(O.P. No. 2) for repair which was expected to be delivered on 30.03.2007. But the same has not yet been delivered to the O.P. No. 1. One xerox copy of job sheet issued by ‘The Planet’(O.P. No.2) has been filed in Forum to-day which manifests that target delivery date was on 30.03.2007. Having heard O.P. No.1 in person to-day, this Forum is satisfied that negligence is palpable on the part of O.P. No. 2. However, as O.P. No.2 has not made its appearance in this case for which an order has been passed that the case be disposed of exparte as against ‘The Planet’(O.P. No. 2), & let the case be started from the stage when the same was stopped. Contd……P/2 P – 2 At this stage one Mr. Prakash Saha, one of the partners of the Planet (O.P. No.2) appears in person and files an application praying therein to vacate the exparte order passed against ‘The Planet’ on the ground that because of some inconveniences he could not represent O.P. No.2 in time. Copy served which has not been objected to. On perusal of the order sheet it appears that vide Order No.02 dated 22.01.2007 this Forum has been pleased to pass the order that the case be disposed of exparte as against O.P. NO.2 on the ground that none appears on two consecutive occasions. Having heard both sides and after going through the contents of the petition filed by O.P. NO.2 which has received its assent of the petitioner this Forum does not find any reason to cause hindrance in the application. Hence ordered, that the application dt.18.04.2007 of O.P. No.2 is allowed with no order as to cost. Let exparte Order NO.02 dated 22.01.2007 do stand vacated. A separate application has been filed by O.P. No.2 expressing his willingness to change the set in question and with the assurance that in case of any inconveniences to be noticed in the set he will make repair of the set and he will bear the liability. Copy served objection not raised. Perused the application. Hd. both sides. On perusal of the contents of the application and having heard both sides at length this Forum is satisfied that the dispute may be settled in case the prayer be allowed. Hence, ordered That Malda D.F. Case No.02/2007 is allowed on consent of both parties with the direction that the petitioner do get a swap handset. O.P. No.2 do handover the above set to the petitioner within 10 days from date failing which the petitioner be at liberty to take recourse to law. The O.P. also do render service to the swap handset for a period of one year hence, as per terms and conditions as laid down in warranty card of Nokia Company. Sd/- Sd/- Sd/- Sumana Das A. K. Sinha S. K. Chakraborty Member Member President D.C.D.R.F., Malda D.C.D.R.F., Malda D.C.D.R.F., Malda. | 
