Orissa

Malkangiri

EA/5/2018

Sri. Abhisekh Bagh - Complainant(s)

Versus

Prop. Roja Enterprises - Opp.Party(s)

01 Feb 2019

ORDER

Heading1
Heading2
 
Execution Application No. EA/5/2018
( Date of Filing : 10 Aug 2018 )
In
Complaint Case No. 148/2015
 
1. Sri. Abhisekh Bagh
DNK, Z.A. Colony Malkangiri
...........Appellant(s)
Versus
1. Prop. Roja Enterprises
M.G. Road, Jeypore
Koraput
Odisha
2. Managing Director, LAVA International Ltd.
A-56 Sector-64 Noida-201301 Uttar Pradesh.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Rajesh Choudury PRESIDING MEMBER
 HON'BLE MS. Sabita Samantray MEMBER
 
For the Appellant:
For the Respondent:
Dated : 01 Feb 2019
Final Order / Judgement

That the case record is put up today on the strength of a memo dated 01.02.2019 filed by the A/R for J.Dr. No.2 wherein the A/R for J.Dr.No.2 has stated that the as per order dated 18.05.2018 passed by the Hon’ble Forum in C.C. No. 148/ of 2015, the J.Dr. No.2 i.e. M.D. Lave International Ltd. is deposited the awarded amount which includes cost of mobile handset, compensation and final satisfaction of the order, vide cheque no. 036971 dated 15.01.2019 on HDFC Bank issued in favour of Abhisek Bagh and also prayed to close the case.

D.Hr - Abishek Bagh is present and filed a receipt memo dated 01.02.2019 stating that the he has received the above mentioned cheque  from the A/R for J.Dr. No.2 issued in his favour and also stated that the has received the said cheque to his entire satisfaction and does not want to proceed further against the J.Drs.

Called for the original case record vide C.C.No.148 of 2015 and perused the order dated 18.05.2018 passed by this Forum in C.C. No. 148 of 2015, wherein it was directed that “The complaint petition is allowed in part and the O.P. No.3 being the manufacturer of the alleged product is directed to refund the cost of the alleged mobile handset i.e. of Rs. 8,700/- within 30 days from the date of receipt of this order, failing which the same shall carry interest @ 10 % per annum and the O.P.No.1 is herewith directed to pay Rs. 2000/- towards compensation and Rs. 1000/- towards costs of litigation to the complainant within 30 days from the date of the communication of this order, failing which the compensation amount shall carry 10% interest from the date of this order.  Further the complainant is directed to hand over the alleged defective mobile handset to the concerned person of the O.P.No. 3 at the time of complying the above order by the O.P. No.3.

It is found that the J.Dr. No. 2 has paid the total awarded amount in favour of the D.Hr. as per the order dated 18.05.2018 to the entire satisfaction of the award.

Further as per the receipt memo filed by the D.Hr, it is also ascertained that the D.Hr. has received the aforementioned cheque to his entire satisfaction and he has no further claim against J.Drs.

Keeping in view of the above compliance made between the parties, we have no hesitation to close the case. Hence the present case is closed henceforth.   

 

 
 
[HON'BLE MR. Rajesh Choudury]
PRESIDING MEMBER
 
[HON'BLE MS. Sabita Samantray]
MEMBER

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