Chandigarh

StateCommission

A/10/2016

Winner Sports - Complainant(s)

Versus

Sorabh Sharma - Opp.Party(s)

Tarun Gupta, Adv.

25 Jan 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

Appeal No.	:	10 of 2016
Date of Institution	:	07.01.2016
Date of Decision	:	25.01.2016

 

Winner Sports (A division of FLFL), Elante Mall, # 144, Plot No.178 and 178A, Phase 1, Industrial Area, Chandigarh, through its Managing Director.

 

……Appellant/Opposite Party.

Versus

Sorabh Sharma s/o Narinder Mohan Sharma r/o House No.94, Phase IV, Sector 59, Mohali, Punjab.

                                   ....Respondent/Complainant.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT.PADMA PANDEY, MEMBER.

                               

Argued by:

 

Sh.Tarun Gupta, Advocate for the appellant.

Sh.Rajat Nakra, Advocate for the respondent/complainant.

 

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

(ORAL)

 

              Service is complete.

2.           Sh.Rajat Nakra, Advocate has put in appearance on behalf of the respondent/complainant and filed his Vakalatnama, which is taken on record.

3.           The appellant/Opposite Party has filed this appeal against order dated 30.11.2015 passed by District Consumer Disputes Redressal Forum-II, UT, Chandigarh (in short the Forum only) in Consumer Complaint No.554 of 2015 and granting following relief to the respondent/complainant :-

“10]  In view of the above observations, we allow the present complaint against Opposite Party and direct it as under:-

a]  To refund the excess amount charged as 5% VAT i.e. Rs.49/-, to the complainant

b]  To pay an amount of Rs.10,000/- to the complainant towards compensation for causing him mental & physical harassment and having indulged into unfair trade practice;

c]  To pay litigation expenses to the tune of Rs.5000/-

         This order shall be complied with by the Opposite party within a period of 30 days from the date of receipt of its copy, failing which it shall be liable to pay interest @18% per annum on amount as mentioned at sub-para (a) & (b) above from the date of filing this complaint till it is paid, apart from paying litigation expenses.”

 4.             It is stated that for non appearance, the appellant was proceeded exparte. It is stated that non appearance was not deliberate. Counsel for the respondent/complainant very graciously said that let order under challenge be set aside and the matter be remitted to the concerned Forum for decision on merits.

5.           We appreciate the stand taken by Counsel  for the respondent/complainant.

6.           In view of above, this appeal is allowed. Order under challenge is set aside and the matter is remitted to the Forum concerned to be decided, on merits.

7.           The appellant/Opposite Party in the complaint shall pay an amount of Rs.1000/- towards cost, to the respondent/complainant on the next date of hearing before the  Forum.

8.           The parties/their Counsel are directed to appear before the Forum concerned on 04.02.2016. Appellant/Opposite Party to file reply before that date.

9.           Certified copies of this order be also sent to the parties, free of charge.

10.         Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

11.        The file be consigned to Record Room, after completion.

Pronounced.                                         

January 25, 2016                                  

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

 

(DEV RAJ)

MEMBER 

 

 

(PADMA PANDEY)

      MEMBER