Haryana

Ambala

CC/154/2014

Harjit Singh S/o Late S.Balwant Singh - Complainant(s)

Versus

M/S Johar Mobiles - Opp.Party(s)

UPMA BHALLA

07 Jul 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
AMBALA
 
Complaint Case No. CC/154/2014
 
1. Harjit Singh S/o Late S.Balwant Singh
R/o H.no.64-65,Dayal Bagh Colony Ambala Cantt
...........Complainant(s)
Versus
1. M/S Johar Mobiles
115, Rai Markest,Ambala Cantt through its propreitor
2. Xolo Customer Care,
Upstairs Blood Bank,Opp.Local Bus Stand,Ambala Cantt
AMBALA
HARYANA
3. Lava International Ltd.
A-56 Sec-64 Noida -201301,Uttar Pardesh.through Authorised signatory Managing Director.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. A.K.SARDANA PRESIDENT
  MR.ANIL KUMAR SHARMA MEMBER
 
For the Complainant:
Ms. Upma Bhalla, Adv. for complainant.
 
For the Opp. Party:
None for OP No.1.
Sh. Rajiv Sachdeva, Advocates for OP No.2 & 3.
 
ORDER

                          Notice issued to OP No.1 through registered post vide postal receipt No.EH009093702IN dated 05.06.2015  has not received back served or unserved.  A mandatory period of thirty days has already elapsed from issuance of the notice.  Thus, it is presumed that the notice has been served upon the OP No.1. Case called repeatedly since morning but none has appeared on behalf of Op No.1.  It is already 12.30 P.M. No further wait is justified. Hence, Op  No.1 is proceeded against exparte.

                         Whereas Sh. Rajeev Sachdeva, Adv. appearing on behalf of OPs No.2 & 3 has tendered a statement that they are ready to return a sum of Rs.5000/- to the complainant in lieu of  defective mobile set  within 40 days and prayed for disposal of the complaint.

                        On the other hand, counsel of complainant has tendered a statement that she has heard the statement tendered by the counsel of OPs No.2 & 3 and is satisfied with the same and prayed for disposal of complaint.

                        Keeping in view of the statements tendered by both the parties, present complaint is disposed of with a direction to Ops No. 2 & 3 to return an amount of Rs.5,000/- to the complainant in lieu of his old mobile set within 40 days from today otherwise the aforesaid amount shall fetch simple interest @ 12% per annum for the period of default and the complainant shall be entitled to invoke the jurisdiction of this Forum under section 27 of C.P. Act for execution of the said order.  The complaint is disposed of accordingly in above terms.  Copies of the order be sent to parties concerned, as per rules.  File be consigned to record room after due compliance.

 

Announced: 07.07.2015

 
 
[HON'BLE MR. A.K.SARDANA]
PRESIDENT
 
[ MR.ANIL KUMAR SHARMA]
MEMBER

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