The review petitioner brought C.C.No. 22/2014 against M/S Universal suppliers and 2 (Two) others for award of compensation in respect of defect of a mobile handset brand No. C3-01 Nokia IMEI:35626804689332 for Rs.8,400. Accordingly, he obtained an exparte judgment in his favour on 28/04/2015.

As per that judgment, It has been found that there was deficiency in service by O.P.No.3 i.e M/S Universal Suppliers is to refund the value of the mobile set of Rs.8,400 and Rs.1,000 as mental agony and harassment. It was also asked the O.P.No.3 to receive back the mobile set at the time of payment of money to the Complainant. The District Forum further directed the M/S Universal Suppliers to pay interest at rate of 6% per annum on the awarded amount from the date of passing of the order.

Accordingly, the applicant put the award at execution for recovery of awarded amount. Thus, Exe Case No. 4/2015 started and notice issued to O.P. The M/S Universal suppliers submitted Ptn.No. 441 dated 08/06/2017. In this petition express its intention to make payment by cheque and asked to direct the Complainant to return the Nokia handset. Accordingly, the Complainant was directed, vide order dated 08/06/2017. But the Complainant submitted petition on date fixed on 17/07/2017 vide Ptn.No. 553 stating inter alia that mobile handset has been deposited to O.P. No.2. i.e the Station Manager, Nokia Service Centre, Silchar.

However, he asked to submit formal application for review of the exparte order date 28/04/2015 because in that petition, he stated inter alia in the complaint of Consumer Case 22/204 that the questioned mobile handset is lying with the O.P.No.2.

On receiving the formal review application it has been registered the instant Misc (Review) case and notice issued to the O.P. The O.Ps took adjourned date but did not submit written objection. Hence, I have heard the Ld. Advocate of applicant and perused the exparte order dated 28/04/2015 of C.C.No. 22.2014 and the complaint of that case. As per last part of the paragraph No.5 of page 4 of the complaint the Complainant stated that the said mobile set is lying in the custody of the O.P.No.2 on and from 25/06/2012 and till date they have not informed the Complainant about the condition or where about of the said mobile set. In the deposition of the complaint in the C.C.No.22/2014 he also deposed on oath as below:-

“The said mobile set is lying in the custody of the O.P.No.2 on and from 26/06/2012 and till date they have not informed me about the condition or where about of the said mobile set.”

But in the exparte order dated 28/04/2015 nothing mentioned about the above fact of handing over the mobile hand set finally on 25/06/2012 to the Station Manager, Nokia Service Centre, Silchar. Rather in the final order the District Forum directed the O.P.No.3 to receive back the old mobile set at the time of payment of money to the Complainant.

In that order it is not specifically asked the O.P.No.3 i.e. M/S Universal Suppliers to take back mobile set from the complainant or Complainant has not directed to return the old mobile set at the time of receiving the awarded money from the O.P.No.3. But on careful perusal of entire order it can be gassed that the District Forum directed the Complainant to return old mobile handset at the time of receiving the awarded amount and O.P.No.3 is asked to receive back the old mobile set.

Hence, I find error apparent in the face of the record. That is why, the exparte order dated 28/04/2015 is reviewed. Thus, O.P.No.3 i.e M/S Universal Supplier is directed to make payment of awarded amount with upto date interest without asking the complainant to return the old handset. Of course, the M/S Universal Suppliers may asked the Station Manager, Nokia Service Centre, Shyama Prasad Road, Silchar to return the old hand set.

With the above the exparte order dated 28/04/2015 is modified. Thus, order to treated s paid of the order dated 28/04/2015 of C.C.No.22/2014.

Accordingly, this Misc (Review) Case is disposed of on contest. Put up the Exe-case No.4/2015 today for order of payment of awarded amount with up to date interest.