Delhi

East Delhi

MA/78/2023

ROHIT GUPTA - Complainant(s)

Versus

GUNJAN REFRIGRATION - Opp.Party(s)

12 May 2023

ORDER

Present:-      Sh. Ashraf Husnain Advocate for Complainant

 

File taken up/called from record room on the application of OP2 for modification of the order dated 06.04.23 as passed agianst the OP2.

Brief fact stated by the OP2 in the application are that OP2 was ready to replace the Refrigerator with new one but when the OP2 visited the address of complainant it came to know that refrigerator has already been disposed off by the complainant and this fact was not in the knowledge of OP earlier & the complainant has not come to Court with clean hands and his complaint is liable to be dismissed which may kindly be dismissed by modifying the order dated 06.04.2023.

            The Commission has perused the record Vide order 06.04.23 after discussing the defence as has been taken by the OP2 in its written statement the Court ordered that OP2 would return Rs. 1854/- to the complainant with interest @9% p.a. alongwith the compensation of Rs. 1000/- and order was to be complied with, within 30 days.

The Commission has enquired from the Ld. Counsel for complainant as to whether the fact w.r.t. disposal of the refrigerator by complainant, was ever mentioned in the written statement of OP2 or whether the same fact was brought to the notice of the Commission prior to disposal of the matter and also whether the Commission has omitted to appreciate this contention which the OP is referring in this application, to which OP2 fairly submits that this fact was not mentioned at any time prior to passing the final order nor the same was taken as defence by the OP throughout.

In view of the concession made by Ld. Counsel for OP, there is no need to modify the order on the basis of facts as mentioned by the OP2 in the present application, nor there is any necessity to issue notice to the complainant on this application. Application is dismissed forthwith. The Commission is restraining itself in imposing cost upon OP2 for moving such frivolous application.

File be consigned to record room.