H.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
SHIMLA-9

F.A. No. 88 of 2008

Decided on 10.3.2009.



Sh. Sarit Sharma S/o Sh. D.R.Sharma

R/o House No. 14-C, Roura Sector No.2,

Bilaspur, District Bilaspur, Himachal Pradesh.

.....Appellant.

Versus



1. M/s Gupta Radio & Watch Company,

Main Market, Bilaspur, H.P.

(Authorised Dealer of LG Electronics);



2. LG Electronics, North India Marketing

(Corporation) Ner Chowk, Tehsil Sadar,

District Mandi, H.P.



3. The Branch Manager, LG Electronics

Marketing and Sale Division, Plot No. 177-G,

Industrial Area, Phase-1, Chandigarh, U.T.



4. M/s LG Electronics India Pvt. Ltd. 20-A,

Shivaji Marg, Moti Nagar, New Delhi-110015;



5. M/s LG Electronics Corporate Office, Plot No.51,

Udyog Vihar, Surajpur, Kasna Road,

Greater Noida, U.P. ….Respondents.

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Hon’ble Mr. Justice Arun Kumar Goel (Retd.), President.

Hon’ble Mrs. Saroj Sharma, Member.

Hon’ble Mr. Chander Shekhar Sharma, Member.



Whether approved for reporting ?



For the Appellant. Ms. Neelam Kaplas, Advocate

Vice counsel for the appellant.



For the Respondents. Mr. Vivek Negi, Advocate

for respondent No.1.



Mr. Dheeraj Bansal, Advocate

for respondent No.3 with

Mr. Vikas Kaul, Branch Manager

on behalf of respondent No.3.

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ORDER.



Justice Arun Kumar Goel (Retd.) President.



1. After the matter was heard for some time with our intervention parties

agreed to settle the matter in the following terms :-

a) that respondent No. 3 shall provide to respondent No.1 a brand new sealed mobile hand set KP320 Model of LG make having 3 Mega Pixel Camera, Blue Tooth Enabled Phone which supports one G.B Card. In addition to these features, respondent No.3 has undertaken to provide accessories, namely Data Cable, Hand Free and Charger to respondent No.1 within 2 weeks from today. Thereafter appellant shall collect the same from the shop of respondent No.1 at Bilaspur. Respondent No.1 shall give proper demonstration of its being functional to the appellant.



2. It is however clarified that in case respondent Nos.1 & 3 or any one of them fails to do the needful in the aforesaid terms, in such a situation appellant will be entitled to execute this order for being provided with the aforesaid hand set having all the features alongwith accessories. In such a situation liability of both, i.e. respondents No. 1 & 3 is held to be joint and several.



3. Order under appeal stands modified in the aforesaid terms, and the appeal is accordingly disposed of.



4. Learned counsel for the parties have undertaken to collect the copy of this order free of cost from the Court Secretary as per Rules.





(Justice Arun Kumar Goel) Retd. President



(Saroj Sharma) Member



(Chander Shekhar Sharma)

Member