- This revision petition has been filed under section 58 (1) (b) of the Act 2019 in challenge to the Order dated 28.09.2022 of the State Commission in First Appeal No. 594 of 2018 arising out of the Order dated 31.05.2018 of the District Commission in complaint no. 173 of 2016.
- Learned counsel for the petitioner at the very outset submits, on instructions, that the petitioner does not wish to challenge the concurrent findings returned by the two fora below with regard to the deficiency in service etc. and the only grievance which he wants to press relates to exorbitant rate of interest and disproportionately high compensation awarded by the two fora below. His submission in precise in this regard and it has been submitted, on instructions, that the petitioner is willing to pay the principal amount i.e. to say Rs.64,189/- being the cost of subject laptop with interest at the rate of 12% per annum form 06.08.2015 i.e. the date of purchase till the actual realization. The learned counsel further submits, on instructions, that the petitioner is also willing to pay a reasonable amount of litigation expenses to the respondent no.1 / complainant and according to him the same may be fixed at
Rs.75,000/-. - Learned counsel appearing for the respondent no.1 / complainant submits, on instructions, that the aforesaid terms are acceptable, provided that the compliance in its entirety is made in a time-bound manner.
- Learned counsel for the petitioner further submits on instructions that the compliance will be ensured within six weeks from today.
5. In the wake of the above submissions made by the learned counsel for both parties, nothing more survives for adjudication in this Petition. The award of the District Commission made vide its Order 31.05.2018 and as confirmed by the State Commission vide its impugned Order dated 28.09.2022 is modified to the effect that: - The opposite parties no.1 and no. 2 shall jointly or severally pay Rs.64,189/- to the respondent no.1 / complainant with interest at the rate of 12% per annum from 06.08.2015 uptil the date of the actual realization; and
- The opposite parties no.1 and no. 2 shall also pay Rs.75,000/- to the respondent no. 1 / complainant as litigation expenses.
6. The amount if any already deposited by the opposite parties in the fora below shall be forthwith released by the District Commission / State Commission as the case may be, to the respondent no. 1 / complainant towards satisfaction of the modified award, as per due procedure and after due verification. The residual amount of the award, as modified and firmed-up herein above, shall be made good by the opposite parties jointly or severally within six weeks from today, failing which the District Commission shall undertake execution, for ‘enforcement’ and for ‘penalty’, as per the law. 7. The instant Revision Petition so disposed off with the above directions. 8. The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel as well as to the fora below within three days. The stenographer is requested to upload this Order on the website of this Commission within three days. |