Chandigarh

StateCommission

A/229/2018

eBay India Private Limited (now Mintkart India Private Ltd.) - Complainant(s)

Versus

Monica Bansal - Opp.Party(s)

Abhishek Grover, Adv.

16 Nov 2018

ORDER

          On 19.09.2018, following order was passed by this Commission:-

          “Alongwith the appeal, an application for condonation of delay of 111 days as per the applicant/appellant  (as per the office report 96 days), in filing the appeal, has been filed.

            Counsel for the appellant states that the appellant is ready to refund the amount, in question, subject to grant of reasonable amount of compensation and litigation expenses. It is further stated that the amount granted by the Forum is on the higher side.

            Subject to the aforesaid statement, notice of the application for condonation of delay, as also in the main appeal be issued to the respondent(s) for 29.10.2018.

            Party outside the tricity be served through registered A.D. Cover.

            Dasti notice be also given to the Counsel for the appellant for the service of the respondent situated within tricity.”

                   The appeal filed by the appellant is delayed by 96 days. Subject to making statement by the Counsel for the appellant that the appellant is ready to refund the amount, in question, subject to grant of reasonable amount of compensation and litigation expenses, it was stated that the amount granted by the Forum towards above said components was on the higher side. Taking note of above said contention, notice was issued only to the limited extent as stated above.

                   Today, Ms. Monica Bansal, respondent No.1/complainant  has put in appearance in person. She is a housewife. We have heard her. Her grievance appears to be justified. She has brought the mobile set purchased, in a original packet and stated that from the day one, it was not used as it was a fake product. On the Box, there is a Logo of Apple Company whereas she was told that the product is fake. Be that as it may, taking note of the averments made before us and having issued a notice only to the limited extent, we are of the opinion that no case is made out to decrease the compensation and litigation expenses granted.

                   Faced with this situation, Counsel for the appellant states that the entire amount of Rs.45,900/- i.e. [Rs.23,990/-  +  Rs.15,000/-  +  Rs.7,000/-], minus (-) Rs.25,000/-, which is lying deposited with this Commission, which comes to Rs.20,900/-, will be paid by the appellant to respondent No.1/complainant, through demand draft, within 15 working days from today. On making this statement, respondent No.1/complainant has handed over the mobile set purchased with Box, original bill, warranty card alongwith accessories to the Counsel for the appellant.

                   In view of above, this appeal stands dispose of.

                   The amount of Rs.25,000/-, which is lying deposited with this Commission in the shape of FDR, be released to respondent No.1/complainant alongwith interest, if any, accrued thereon, within 7 working days from today.

                   As per undertaking given by the Counsel for the appellant, the balance amount of Rs.20,900/- be paid by the appellant to respondent No.1/complainant, within 15 working days from today, failing which, the aforesaid amount will start getting interest @9% per annum (simple) till the time of making the payment.

                   Accordingly, the application for condonation of delay stands disposed of having been rendered infructuous.

                   Certified copies of the order be sent to the parties free of charge.