Haryana

Ambala

EA/52/2016

Akhil Kapoor - Complainant(s)

Versus

Karboonn Mobile Pvt Ltd. - Opp.Party(s)

Aditya Verma

25 May 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                                  Akhil Kapoor Vs. Karbonn and ors.

 

                                                                                     Execution no.       : 52 of 2016

                                                                                      Date of Institution  : 01.09.2016

                                                                                      Date of decision     : 25.05.2017

 

Akhil Kapoor son of Sh. Bipin Behari Kapoor R/o #3789, old Sabji Mandi, Ambala Cantt (Haryana).

……. Complainant.

 

 

1.         Karbonn Mobiles Pvt. Ltd. through its Managing director/Manager having its        regd. Office at #39/13 off 7^th main, HAL 2^nd Stage, Appareddy Palya, Indira Nagar, Benglor-560038.  

2.         Karbonn Service  Centre, cross road, OPP Ashoka Diary, Sadar bazaar, Ambala     Cantt

3.         Lakshmi Watch company, Opposite Sadar Post office, Ambala Cantt.

 

 ….…. Respondents.

 

 

BEFORE:       SH. D.N. ARORA, PRESIDENT

                        SH. PUSHPENDER KUMAR, MEMBER

                        MS. ANAMIKA GUPTA, MEMBER                          

 

Present:       DH in person.

                   Sh. Sandeep Kashyap, counsel for JDs.

                               

                   The present execution is filed for implementation of the order passed by this Forum vide order dated 23.05.2016 operative pare of the order as under:

                   “The OP made a statement that they are ready to replace the mobile set in question with a new one. If the same model is not available then, then to replace it with upper model within thirty days from today subject to deposition of old mobile set/ original job sheet with their service centre at M/s Mobitech Solutions, Near Ashoka Dairy, Ambala Cantt. On the other hand, neither complainant nor his counsel has put in appearance.

                   In view of the statement so tendered by counsel for OPs, the present complaint is disposed of with a direction to OP company to replace the mobile set in question of complainant with new one having same model and if same model is not available, then to replace with upper model within thirty days from today. Complainant is also directed to deposit the old mobile set/job sheet with the aforesaid Service Centre of OP company within 7 days of receipt of the copy of this order”.

                   After passing of the order, complainant filed the execution application on 01.09.2016. Notice was issued and JD appeared. On 21.10.2016, decree holder Akhil Kapoor suffered a statement that in compliance of order dated 23.05.2016 of the Forum, he has received the mobile set after a long delay on the part of OP but the mobile set is of not the same model.

                   On the other hand, counsel for JD stated that he has given mobile to the DH in compliance of order under execution and the complainant has issued a receipt thereof in favour of JD and he further stated that he may be given a date to produce receipt qua taking of mobile by complainant and the case was adjourned for producing the receipt by DH. On 09.11.2016, decree holder had filed the comparison data mobile. Further stated that the company has not given the mobile in question of the same model which is an inferior quality and the case was adjourned for filing of objections if any.  On 24.05.2017, counsel for JD had made a separate statement in which he stated that in compliance of the main order dated 23.05.2016, we have given the new set phone Carbon  L50 HB but the DH has not provided us original job sheet as well as the accessories of old phon. They have sent the notice to the DH as well as their counsel. We have issued a new phone to the DH but he never objected for the same. Now due to goodwill gesture, we are ready to give a cheque amount of Rs.11,500/- in favour of DH  and stated that cheque will be released after giving original job sheet or old mobile set & accessories. Upon which DH requested a date and stated that he will bring the original job sheet and case is adjourned to 25.05.2017 for producing original job sheet.

                   Today, decree holder has suffered a statement to the effect that he had already deposited his defective mobile phone. Further stated that job sheet has been issued by the OPs and photo copy of the same has already been placed on case file and original job sheet has been misplaced by him. In this regard, he submitted his affidavit today which is placed on case file and he has received a cheque bearing No. 198996 amount of Rs.11,500/-. Now, there is no dispute remained with the JD. Further stated that he does not want to pursue with the present execution application being fully satisfied and may kindly dispose of the same.

                   In view of statement given today by the decree holder, the present execution application is hereby disposed of being fully satisfied. Copy of the order be sent to the parties concerned free of costs, as per rule. File be consigned to record room after due compliance              

Announced on: 25.05.2017                                  (D.N. ARORA)

                                                                                       President

    

                                                          (PUSHPENDER KUMAR)

                                                                                         Member

 

 

                                                                     (ANAMIKA GUPTA)

                                                                                        Member