District Consumer Disputes Redressal Commission-I, U.T., Chandigarh

Miscellaneous Application No.83 of 2023

in EA/37/2020

BEFORE:

          PAWANJIT SINGH, PRESIDENT

          SURJEET KAUR, MEMBER

          SURESH KUMAR SARDANA, MEMBER

PRESENT:

Sh.Vinod Kumar, Surety in person alongwith Sh.Dishant Jindal, Advocate Proxy for Sh.Ashish Bhagat, Advocate for Surety.

Dated :  13^th December 2023

ORDER

1.   Notice under Section 446 Cr.P.C. 1973 was issued to Sh.Vinod Kumar, Surety of accused No.4(Om Parkash Gupta). In his reply, he has stated that absence of Om Prakash Gupta was not intentional but for the reason that he was out of station for some urgent work.

2.   We have heard the surety in person.

3.   Surety has stated that he has very meagre source of income and he is not in a position to make the surety amount of Rs.1,00,000/- and has thrown himself at the mercy of the Commission and prayed for lenient view. Considering the reply/prayer of the surety, we are of the opinion that lenient view be taken in the present proceedings and accordingly the penalty of Rs.1,00,000/-, which was ordered to be imposed by forfeiting surety bonds on 28.02.2023, is reduced to Rs.3,000/-.

4.   Surety is directed to deposit the aforesaid amount of Rs.3,000/- with the office of this Commission and thereafter office to deposit the aforesaid amount under the relevant head of Chandigarh Administration U.T. and receipt/challan qua deposit of the aforesaid amount be attached with this file. The proceedings under Section 446 Cr.P.C. 1973 are accordingly disposed off.

5.   Certified copies of this order be sent to the parties free of cost. The file be consigned.