Haryana

Sonipat

CC/145/2016

Subhash Kumar Sharma S/o Hazari Lal Sharma - Complainant(s)

Versus

Star Enterprises - Opp.Party(s)

Subhash Kumar Sharma

08 Jul 2016

ORDER

Complaint No. : 145

                                  Dt. Of Instt. : 06.05.2016

                                  Dt. Of Decision : 08.07.2016

Copy of order dated 08.07.2016

    

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONIPAT

 

Subhash Kumar Sharma aged about 50 years son of Shri Hazari Lal Sharma, resident of Jiwan Vihar Extension, Behind shubham Garden, near Mandir Sonepat, Distt. Sonepat, Haryana.

Contact No. 9466391315

                                complainant

Versus

 

1. Star Enterprises (Spice Retail Limited Authorized Service Centre) Shop No. G-2, City Plaza, Near Axis Bank, Mama Bhanja Chowk, Sonepat Through its Proprietor, Contact No. 9050083322.
2. Spice Mobility Ltd., S Global Knowledge Park 19A and 19B, Sector 125, Noida – 201301 (UP) India through its Managing Director / Manager.

 

 Respondents

 

Complaint under section 12 of the consumer protection act.

 

Present:  Complainant in person.

          Sh. Joginder Kuhar, Adv.for respondent no.2.

          None for respondent no.1.

 

ORDER

          File taken up today and put up before the Lok Adalat as matter has been compromised in between both the parties.

          Shri Joginder Kuhar, Adv. has made a statement on behalf of respondent no.2 that the respondent no.2 is ready to refund the amount of Rs.4200/- to the complainant.  Further the respondent no.2 is ready to pay Rs.1000/- to the complainant on account of deficient services, harassment and under the head of litigation expenses and this amount shall be paid by the respondent no.2 to the complainant within a period of 30 days from the date of passing of this order and in case the respondent no.2 fails to make the payment of Rs.5200/- to the complainant within the stipulated period, in that event, the respondent no.2 shall pay interest at the rate of 09% per annum on the amount of Rs.5200/- w.e.f. the date of filing of the present complaint till its realization. The hand set from the complainant alongtwith its accessories shall be received by the respondent no.2 on delivery of the cheque to the complainant.

          The complainant has also stated before this Forum that he will return the mobile in question alongwith its accessories to the respondents only on receipt of the cheque from the respondents.  He has further stated that he is satisfied with the statement of ld. Counsel for the respondent no.2 and thus, he does not want to continue with the present complaint and it may be dismissed as withdrawn.

          Heard.

          Keeping in view the above, the present complaint stands dismissed as withdrawn as the matter has been settled between the parties before the Lok Adalat.  However, the respondent no.2 is directed to do the needful in the matter of the complainant after taking into consideration the statement which has been made by their counsel on their behalf.  The respondent no.2 shall receive the mobile alongwith its accessories from the complainant only on delivery of the cheque in question to the complainant.

          Certified copy of this order be provided to both the parties free of costs.

          File be consigned after due compliance.

 

 

(Prabha Wati)      (JL Gupta)       (Nagender Singh-President)

 Member              Member                DCDRF Sonepat.     

Dated 08.07.2016

Settled before the Lok Adalat.