Order No. 07 Dt. 28.08.2007
It appears from the record that the petitioner is personally present. O.P. does not appears on repeated calls. It is now 01.30 PM.
On scrutiny of records it appears that O.P. made his appearance through vokalatnama and allowed time twice which yielded no fruitful results and hence he was asked to show cause as to why the case shall not be heard exparte, which also has not yielded any fruitful result compelling the Forum to dispose of the case exparte today.
Petitioners case in essence that she purchased one ‘Simens’ mobile set from Madan Prosad Gupta, the present O.P. on 17.08.2006 at a price of Rs.5000/- which was found defective and inspite of repeated request of the petitioner the O.P. has paid a blind heed to such request giving rise to the instant proceeds for the reliefs as have been out in the petition of complaint.
In view of above facts and circumstances the case is taken up for exparte hearing today. In support of her contention the petitioner has examined herself as P.W. – 1 and has corroborated the contents of petition of complaint and the cash memo No.572 dt.17.08.2006 along with copy of letter of advocate issued to the present O.P. have been marked Exts.1 & 2 collectively.
On consideration of the above facts & circumstances and in absence of anything to the contrary there appears no bottlenecks to disbelieve the testimony of the petitioner herself and the documents as well which are original in nature.
Proper fees have been paid.
Hence, ordered,
that Malda D.F. Case No.34/2007 is allowed exparte against Madan Prosad Gupta, the sole O.P. in this case.
The petitioner do get a new mobile set/to set the defects of present set within 30 days from date or do get return Rs.5000/- within above period. The petitioner also do get compensation of Rs.1000/- from Madan Prosad Gupta (the O.P.).
The order must be complied within 30 days from date failing which the petitioner be at liberty to take recourse to law.
Let copy of order be given to both the parties free of cost.
