Present :Sh.Varun,complainant in person
Sh. Ajay Shanker,Adv.counsel for the opposite party No.3
Opposite parties No.1 & 2 ex-parte
On 8.8.2016, Sh. Ajay Shanker, Adv.counsel for the opposite party No.3 suffered statement that opposite party No.3 is ready to refund 70% of the bill amount of the mobile set in question subject to return of original bill, job sheet and any other accessories in the possession of the complainant pertaining to the mobile set in dispute in the possession of the complainant to the service centre i.e.Simran Enterprises, opposite party No.2 within 15 days from that date.
Today, Sh.Varun Kumar, complainant suffered statement that he accepts the offer made by the counsel for the opposite party No.3 and the case may be disposed of accordingly.
Heard. The mobile handset was purchased by the complainant from opposite party No.3 for an amount of Rs.7800/- vide bill dated 22.3.2015. . Opposite party No.3 has offered to pay 70% of the sale price of the mobile handset in dispute to settle the claim of the complainant. In our considered opinion, after considering the wear and tear of the mobile handset for a considerable period of one year, offer made by opposite party No.3 to pay 70% of the value of the mobile handset is quite genuine and reasonable to settle the claim.
Since opposite party No.3 has accepted the claim of the complainant regarding refund 70% of the price of the mobile set in dispute. As such, present complaint is disposed of with directions to the opposite party No.3 to refund 70% of the price value of the mobile set in question within 30 days from the date of receipt of copy of order and the complainant is directed to return the original bill, job sheet and any other accessory in possession of the complainant to the service centre within 15 days from today. Since the opposite party has made the offer at much belated stage and the complainant was made to file the present complaint on 26.5.2015 while the offer has been made only on 8.8.2016. As such, the complainant is had to suffer harassment, mental agony and inconvenience and therefore, he is entitled to compensation as well as cost of litigation which are assessed at Rs.2000/- and Rs.1000/- respectively. Opposite party No.3 shall pay 70% of the price of the mobile set alongwith compensation and costs as assessed by this Forum within 30 days of the receipt of copy of this order, failing which the awarded amount shall carry interest @ 6% p.a.from the date of order until full and final recovery. The complaint stands disposed off accordingly. Copy of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.