Present : Sh.Rajesh Kumar,Adv.counsel for the complainant

Opposite parties No.2 & 3 ex-parte

Sh. Ajay Shanker, Adv.counsel for the opposite party No.1

At this stage, on 4.4.2016, Sh. Ajay Shanker, Adv.counsel for the opposite party No.1 suffered statement that opposite party No.1 is ready to refund 70% of the price value of the mobile set in question i.e.70% of Rs.12500/- subject to return of original bill, job sheet and any other accessories in the possession of the complainant pertaining to the mobile set in dispute in the possession of the complainant to the service centre within 15 days from that date. On 18.4.2016, Sh.Rajesh Kumar,Adv.counsel for the complainant stated that he accepted the statement made by the counsel for the opposite party No.1 but he pressed for compensation and litigation expenses only.

Since opposite party No.1 has accepted the claim of the complainant regarding refund of the price of the mobile set in dispute to the extent of 70% of the price value of the mobile set in question which is acceptable to the complainant. But however, counsel for the complainant has requested for grant of compensation as well as litigation expenses in respect of the mobile set in dispute.

A bare persual of the case shows that complaint was filed by the complainant on 5.2.2016 whereas counsel for the opposite party No.1 has accepted the claim of the complainant only on 4.4.2016. Had the opposite party No.1 been that sincere in accepting the claim, it must have admitted the claim of the complainant at the very outset. There was absolutely no need to drag the complainant into prolonged litigation. In our considered opinion, not only the complainant is entitled to 70% of the price value of the mobile set in question, but he is also entitled to compensation to the tune of Rs.2000/- besides litigation expenses to the tune of Rs.1000/-. As such, present complaint is disposed of with directions to the opposite party No.1 to refund 70% of the price value of the mobile set in question to the complainant subject to return of original bill, job sheet and any other accessories in possession of the complainant pertaining to the mobile set of in dispute in the possession of the complainant to the service centre within 15 days from that date. Opposite party No.1 shall also pay compensation of Rs.2000/- and litigation expenses of Rs.1000/- to the complainant. Compliance of the order be made within 30 days of the receipt of copy of order failing which awarded amount shall carry interest at the rate of 6% p.a.from the date of receipt of copy of passing of order till payment is made to the complainant. Copy of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

18.4.2016 President

Member Member