Haryana

Yamunanagar

EA/23/2016

Rajiv Gupta S/o Kewal Krishan Gupta - Complainant(s)

Versus

Sapra Electronics - Opp.Party(s)

Gaurav Sharma

08 Aug 2016

ORDER

Rajiv Gupta Vs. Sapra Electronics etc.

Ex. No. 23 of 2016.

 

Present: Sh. Gaurav Sharma, Advocate, counsel for DH/Complainant.

              Sh. Mohit Tayal, Advocate, counsel for JDs/OPs No.2 & 3.

 

                        A complaint bearing No. 442 of 2014 titled as Rajiv Gupta vs. Sapra Electronics and others was decided by this Forum on 02.09.2015 with the direction to the OPs no.2 & 3 to remove the defects of the Air Conditioner to make it in working condition free of costs to the satisfaction of the complainant within a period of 30 days and also to pay Rs. 1000/- as compensation and Rs. 500/- as litigation expenses.

                        After that, complainant/DH filed the present execution under section 27 of the C.P. Act on 11.03.2016. Upon notice, JDs No.2 & 3 appeared and filed objections against the application under section 27 of the C.P.Act mentioning therein that JDs have complied with the order of this Forum dated 02.09.2015 and also made the payment of Rs. 1500/- as compensation and litigation expenses to the complainant on 09.10.2015 and the present execution has been filed after near about 5-6 months just to harass the JDs.

                        On the other hand, learned counsel for the DH argued that no doubt JDs have made the payment of Rs. 1500/- to the DH but the ACs were not working properly till date. To decide the controversy between the parties with the consent of both the parties, a local commissioner from the I.T.I. Yamuna Nagar was appointed with the direction to submit his report on or before 08.08.2016. Today report dated 06.08.2016 of local commissioner Sh. Malkit Singh office of government I.T.I. Yamuna Nagar received which is reproduced here as under:

“Both window Room Air Conditioner Voltas make 1.5 Ton are working properly. Hence, there is no any manufacturing defect in the Air Conditioners. The Report is submitted for further necessary action”

                        In view of the report of local commissioner, it is clearly evident that the JDs No.2 & 3 have fully complied with the judgment/order dated 02.09.2015 and the version of the complainant/DH that ACs are not working properly is totally not tenable. Hence, we have no option except to dispose off the present execution petition being fully satisfied and the same is hereby disposed off being fully satisfied. File be consigned to the record room after due compliance.

Announced: 08.08.2016.

 

                                                           (S.C.SHARMA)                      ( ASHOK KUMAR GARG)

                                                            Member                                    President