21.11.2019 Present:- Sh.Naveen Goyal, counsel for the applicant.

Sh.W.S Khurmi, counsel for respondents.

Counsel for respondents has offered new mobile handset of same model and perfectly in working condition for delivery to the applicant as old defective mobile handset is not traceable. Counsel for respondents has also tendered cheque of Rs.2000/- awarded cost of litigation and expressed readiness to pay cost of this litigation as ordered by this Forum. Accordingly, a sum of Rs.1000/- is ordered to be paid.

The applicant has accepted cheque of Rs.2000/- and cost of Rs.1000/-. The applicant has denied to accept the mobile handset on the ground that it is at belated stage as he has already purchased new mobile handset.

It is relevant to mention that this application has been filed U/s 27 of 'Act' for compliance of order dated 13.2.2019 in CC No.210 dated 16.8.2018. The complaint was partly accepted with Rs.2000/- as cost of litigation and respondents were directed to repair the mobile handset and make it in proper working order.

As such, the respondents were directed to repair the mobile handset only whereas they have offered new perfectly working mobile handset. It is their version that old mobile handset is not traceable. When strict compliance of order is not possible due to reasons beyond the control of respondents, some alternative is to be devised. In these circumstances, it is best offer made by them to comply with the order. The applicant has refused to accept the mobile handset, but reasons mentioned by him not to accept the mobile handset are not considered justified.

As respondents have already offered new and perfectly working mobile handset, therefore, no further action is required. Application is disposed off.

However, applicant is at liberty to collect the mobile handset within 30 days from the date of receipt of copy of this order. Thereafter respondents will be discharged from their liability and order shall be treated as satisfied.

Copy of order be sent to the parties concerned free of cost and file be consigned to the record.

(Manisha) (M.P.S Pahwa)

Member President