HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

No. 3/08.01.2010.

Appellant through Mr. N. R. Mukherjee, the Ld. Advocate and Respondent through Mr. Susanta Pramanick, the Ld. Advocate are present.  Respondent files BNA.  This appeal has been filed by the O.P. challenging order dated 16.03.2009 whereby the complaint case was allowed and the following order was passed.

“Hence, Ordered that the case be and the same is allowed on contest with cost.

The O.P.Nos. 1, 2 & 3 is directed to activate the service connection of the mobile No. 9830828143 at once.  The O.P.Nos. 1,2 & 3 is further directed to pay the sum of Rs. 2,500/- as compensation for causing harassment and mental agony as well as the cost of the cost of litigation ithin one month from the date of the communication of the order, failing hich it would carry an interest @ 9% p.a till its realization.

Let copy of this order be supplied to the parties free of cost when applied for”.

Mr. Mukherjee appearing for the Appellant contends that after the said judgement was passed the O.P. tried to comply with the entire direction of the Forum accepting the said judgement and accordingly paid the sum of Rs.2,500/- by cheque to the Complainant.  The O.P. also wanted to comply with other part of the direction namely to activate the service connection of the Mobile No. 9830828143.  The grievance of the Appellant is that while trying to comply with the said part the O.P., service provider require certain formalities to be complied with which were not being done at that stage at that time and accordingly being unable to comply with the order for securing their interest the O.P. preferred the present appeal with the application for condonation of delay.  Mr. Mukherjee also communicates the Bench that in the meantime the Complainant has complied with the formalities and, therefore, the O.P. – service provider complied with the said direction of the Forum and activated the service connection of the Mobile No. 9830828143.

Mr. Pramanick, the Ld. Advocate for the Complainant – Respondent contends that the appeal is time barred and the O.P. having not complied with the order of the Forum below is not entitled to any relief because of want of bonafide.  Mr. Pramanick also contends that the contention of the O.Ps that the said mobile number has been activated is also not correct.  Immediately we wanted the correctness of the said allegation and Mr. Mukherjee with the permission of the Bench operated another cell phone at the said number and it appeared that it is responded.  Therefore, now it appears that the other part of the impugned order has also been complied with.  At this stage Mr. Pramanick had accepted the cell phone set along ith SIM Card and the charge as the compliance of the Forum’s order is complete. 

In the aforesaid circumstances we have not considered the application for condonation of delay or the appeal on merit as the Forum’s order stands complied with and the Complainant is having no grievance which can be urged.  The Appellant/O.P. also having complied with the order agreed to the aforesaid proposition and the application and the appeal stand dismissed.