Present:-

          For the appellants    :            Sh. Sanjeev Arora, Advocate

          For the respondent  :            Sh. Sandeep Khunger, Advocate

JUSTICE GURDEV SINGH,  PRESIDENT :

          This appeal has been preferred by the appellants/opposite parties against the order dated 27.06.2014 passed by the District Consumer Disputes Redressal Forum, Ferozepur (in short “District Forum”), vide which the application filed by the respondent/complainant, under Section 27 of the Consumer Protection Act, 1986, for the execution of the order dated 21.02.2011 passed in Consumer Complaint No.586 of 2010, vide which the opposite parties were directed to pay him a sum of Rs.3,00,000/- along with interest at the rate of 9% per annum from 01.11.2007 till the realization of that amount, was decided and Harjinder Singh, opposite part No.2, was sentenced to undergo simple imprisonment for a period of one year and pay a fine of Rs.5,000/- and in default thereof to further undergo simple imprisonment for the period of 3 months.

2.      In view of the submissions made by the counsel for the parties, the detailed facts need not be gone into. It has been stated by both the counsel that the order, for the compliance of which the order under appeal was filed, has since been complied with by the opposite party by paying the total amount so awarded to the complainant. The only prayer made before us is to reduce the sentence of imprisonment so imposed upon Opposite party No.2 to the period already undergone by him.  It is admitted fact that the fine so imposed upon him has already been deposited. Counsel for the appellants has relied upon the judgment of Haryana State Commission reported in 1993(2) C.P.J. 1000 (Atma Ram, Amar Nath Versus Santosh Kumar Aggarwal).

3.      In the said judgment, while relying upon the another judgment of same State Commission reported in 1993 CPC 351 (H.S.E.B. Versus Pirthi Singh), the sentence so imposed upon the opposite party for non-compliance of the order, his sentence was modified and was reduced to the period already undergone. This judgment fully applies to the facts of the present complaint and it has been stated by the counsel for the complainant also that he has no objection, in view of the compliance of the order of the District Forum passed in the complaint, if the sentence of imprisonment so imposed is reduced to the period already undergone.  Accordingly the appeal is allowed and the sentence of imprisonment imposed upon the appellant/Opposite Party No.2 is reduced to the period already undergone by him.  He be set at liberty immediately.

4.      Necessary intimation be sent to the Central Jail, Ferozepur, where he is said to be confined at present, for his release from custody.