Order dictated by:

Mr.Anoop Sharma, Presiding Member

1.       The Decree Holder   has brought the instant application under section 27 of the Consumer Protection Act, 1986 with the averments that  the above titled complaint  has been decided by this Forum in National Lok Adalat vide order dated 12.11.2016 and Sh.Munish Kohli advocate counsel for respondent had suffered a statement that respondent is ready to repair the Mobile Set  in dispute of the decree holder to the satisfaction of the decree holder free of costs within 30 days from the date of order and the order was passed accordingly. But the respondent till date has not complied with the order passed by this Forum. It is therefore, prayed that the requisite proceedings under section 27 of the Consumer Protection Act may please be initiated against the respondent.

2.       Upon notice, initially none appeared on behalf of the respondent, and hence bailable warrants of the judgement debtor were issued and at that stage Sh.Munish Kohli, Advocate appeared on behalf of the JD and filed application for recalling of bailable warrants stating therein that the decree holder never approached the service centre of JD No.2 nor handed over the hand set to the service centre and now he personally taken the hand set from the decree holder against receipt and statement that JD shall comply with the order of this Forum and return the Mobile Set  after repair to the Decree holder. He prayed that bailable warrants issued against JD may kindly be recalled back.  Consequently, after going through the submissions made by the ld.counsel for the JD through application, the bailable warrants issued against JD are recalled.

3.       The case was fixed for 6.4.2017  for compliance of the order of this Forum and during this period, a receipt issued by decree holder dated 5.4.2017 was presented before this Forum in which he stated that the decree holder checked the Mobile Set  in dispute and he found some technical defects in speaker, some times it became hang and as such, he is not satisfied. In such a situation, we direct the decree holder to handover the Mobile Set  in dispute at service centre of JD within 7 days from today i.e. 24.4.2017 and thereafter, the JD shall repair the Mobile Set  in dispute within 15 days from the receipt of Mobile Set in dispute, free of costs to the satisfaction of the decree holder. The order is passed accordingly.  Copies of the order be furnished to the parties free of cost. File is ordered to be consigned to the record room.

Announced in Open Forum

Dated: 24.04.2017.