Punjab

Fatehgarh Sahib

EA/11/2015

pritpal singh - Complainant(s)

Versus

Narinder enterprises - Opp.Party(s)

21 Jul 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                                Execution Application No.11 of 2015 

                                                                            In               

                                                 Consumer Complaint No.76 of 2014

                                                             Date of institution : 02. 03.2015         

                                                           Date of decision    : 21.07.2015

Pritpal Singh son of Kulwant Singh R/o Mata GujriColony, Jyoti Sarup Fatehgarh Sahib, Tehsil & District Fatehgarh Sahib.

Applicant/complainant

Versus

1.  Space Info Communication, opposite Nirankari Bhavan, Sugar Mill Road, Morinda, District Ropar through its Signatory.
2.  Samsung India Electronics Pvt. Ltd. B-I, Sector 81, Phase-2, Noida District, Gautam Budh Nagar, U.P. through its M.D./Chairman.

Respondents/Opposite parties

Execution Application under Section 27 of the Consumer Protection Act, 1986

Quorum

Sh. Ajit Pal Singh Rajput, President           

 Smt. Veena Chahal, Member                                                              

Present:  Sh. P.S.Syan, Adv.Cl. for the applicant.      

             Sh.G.S.Nagra, Adv.Cl. for the respondents.

ORDER

By Sh. Ajit Pal Singh Rajput, President.

              The ld. counsel for the applicant/D.H has submitted that the respondents/J.Ds have failed to comply with the final order dated 17.12.2014 passed by this Forum in favour of the applicant. He stated that the applicant did not receive any letter or payment nor any request from the side of the respondents/J.Ds in order to comply with the order of this Forum. The ld. counsel argued that the respondents/J.Ds deserves to be punished under Section 27 of the Act for violation of the orders of this Forum.

2.           On the other hand, the ld. counsel for the respondents/J.Ds has stated that all the efforts were made by the respondents to comply with the order of this Forum. He placed on record Demand draft dated 09/02/2015 alongwith the postal receipts dated 29/01/2015 addressed to the applicant. The ld. counsel submitted that as per the orders the applicant/complaint was suppose to submit the said handset for repair with the service center and the applicant/complaint failed to do so. He argued that the company could only repair, change or refund the amount to the complainant, if he would have visited the service center. He pleaded that the respondent is still ready and willing to comply with the orders of this Forum, if the applicant is ready to submit the said defective handset with the service center of the respondent. The ld. counsel prayed that the present execution application is a pre-mature application, which deserves to be disposed of with appropriate direction to the applicant/complaint.

3.           We have heard the ld. counsel for both the parties and have gone through the objections and reply to the objections. It is ample clear from the demand draft dated 09/02/2015 alongwith the postal receipts dated 29/01/2015 addressed to the applicant that efforts were made to make the payment as awarded by this Forum, vide order dated 17.12.2014. From the perusal of record, it is also clear that the applicant/complaint has received the awarded amount before this Forum under protest but did not attempt to approach the service center for ratification, replacement or refund of the amount of mobile handset in dispute. Accordingly, we dispose of the present execution application with direction to the applicant to submit his handset with the service center of the respondents within 15 days from the date of receipt of this order and further direct the respondents to comply with the directions as stated in the final order dated 17.12.2014 with regard to the mobile handset. However, permission is granted to the applicant/complainant to again approach this Forum if he is not satisfied with the decision of the respondents/OPs.

4.           The arguments on the execution application were heard on 07.07.2015 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

 Pronounced                                                                                            

       Dated: 21.07.2015

(A.P.S.Rajput) 

President

 

(Veena Chahal)   

  Member