08-10-2009 Present :Sh.Rajesh Kumar, <br /> complainant in person with his counsel Sh. Raman Khattar<br /> Sh. Hardinesh Kumar, <br /> authorised representative on behalf of opposite party No. 1<br /> Opposite party No. 2 in person<br /> Sh. Hardinesh Kumar, opposite <br /> party No.3.<br /> <br /> Opposite party No. 3 filed a detailed reply supporting with an affidavit and also tendered cheque No. 046757 dated 08-10-2009 amounting to Rs. 11,200/- as full and final settlement of payment due to the complainant as per order of this Forum in CC No. 345 of 24-12-2008 decided on 30-04-2009 in case titled Rajesh Kumar Vs. Sushil Telecom and others. The cheque has been received by the complainant Sh. Rajesh kumar under protest, whose statement has been recorded separately.<br /> The learned counsel for the complainant vehementally argued that his client has been put to unnecessary harassment, mental agony, tension and inconvenience due to conduct of the opposite parties and they have tendered the amount in the form of cheque only today before this Forum in order to evade the punishment provided under Section 27of the Consumer Protection Act, 1986. The opposite parties otherwise have no respect or regard to comply with the order of this Forum which can be seen from the conduct of the opposite parties itself. <br /> The representative of the opposite parties has stated that infact the copy of the judgement was not received by opposite party No. 3 as the address on the head note of the complaint was not correct and he only received intimation of order dated 30-04-2009 from opposite party No. 1 in the beginning of September, 2009. Immediately thereafter he rang up the complainant on his mobile No. 9876652278 on 3-9-09 at 2.00 p.m. expressing readiness to pay the amount awarded, but the complainant asked opposite party No. 3 to wait upto next day. When there was no response from the complainant, opposite party No. 3 again rang up the complainant on 4.9.09 at 11.00 a.m., but this time, the complainant expressed his willingness to receive the amount. The opposite party No. 3 sent communication in this regard to the complainant on 8.9.09 through registered post expressing its readiness to pay the awarded amount whenever and where-ever the complainant wanted. He has placed copy of this letter and registered postal receipt on record as annexure 'A' and 'B'. These facts narrated by opposite party No. 3 in his reply duly supported with an affidavit reveals that there was no intention of the opposite parties to avoid the order of this Forum. No doubt delay has been caused in making the payment but that delay was not intentional. Moreover, the opposite parties are present before this Forum and have tendered unconditional apology for delay in making the payment to the complainant which appears to be bonafide and therefore, taking into consideration all aspects, circumstances of the matter, the proceedings under Section 27 of the Consumer Protection Act, 1986 against the opposite parties stands terminated.<br /> File be consigned. <br /> <br /> Member President