Haryana

StateCommission

A/991/2015

DISHU MOBILES - Complainant(s)

Versus

LALIT GUPTA - Opp.Party(s)

VIKAS MALIK

08 Feb 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA.

 

                                                First Appeal No.           991 of 2015

                                                Date of the Institution:           19.11.2015

                                                Date of Decision:-         08.02.2016

 

 

Dishu Mobiles, through Bhawar Lal Soni s/o Shri Purshotam Dass, SCO No.45, Canam Plaza, Shop No.207, Sector 11, Panchkula.

…..Appellant-Opposite Party No.2

 

Versus

 

1.      Lalit Gupta s/o Shri J.R. Gupta, resident of House No.652, Sector 7, Panchkula.

….. Respondent-Complainant

2.      Micromax, Corporate Office, Plot No.697, Udyog Nagar, Phase 5, Gurgaon.

 

3.      M/s Abacus Systems, SCO No.824, 1^st Floor, Manimajra, Chandigarh.

……….Respondents-Opposite Parties No.1 & 3

 

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

                   Mr. B.M. Bedi, Judicial Member.

                    Mr. Diwan Singh Chauhan, Member.

 

Present:-    Mr. Vikas Malik, Advocate for the appellant.

 

 

                                                O R D E R

 

NAWAB SINGH, J (ORAL)

 

1.      The instant appeal has been filed by Dishu Mobiles-opposite party No.2 (appellant) against the order dated October 05^th, 2015 passed by District Consumer Disputes Redressal Forum, Panchkula (for short ‘District Forum’) whereby complaint filed by Lalit Gupta-complainant was allowed.  The opposite parties were directed to refund Rs.12,300/- alongwith interest at the rate of 9% per annum from the date of purchase till realization; Rs.5000/- as mental agony and harassment and Rs.2000/- litigation expenses to the complainant on account of defect in the mobile handset.

2.      Learned counsel for the appellant has urged that Micromax, Gurgaon-opposite party No.1 has already paid the entire amount awarded by the District Forum vide impugned order to the complainant.  In view of this, the appeal be dismissed as infructuous.

3.      It is ordered accordingly.

4.      The statutory amount of Rs.10,633/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules.

 

 

February 08th, 2016

Diwan Singh Chauhan Member

B.M.Bedi Judicial Member

Nawab Singh President

 

U.K