09.03.2023

ORDER

Mr. RAVISHANKAR, JUDICIAL MEMBER

The appellant/complainant has preferred this appeal being aggrieved by the order dt.03.10.2016 passed in EA.No.6/2016 on the file of District Consumer Disputes Redressal Commission, Davanagere.

2.        The learned counsel for appellant submits that as per the Order passed by the District Commission, the respondents have deposited Rs.39,773/- before the District Commission and also as per the directions given by the District Commission, the complainant returned the defective handset to the Opposite Party.  At the time of deposit of the defective mobile, there was a delay of five days, but, the District Commission after deposit of the mobile had not ordered for release of the amount for the reason that the complainant has not deposited/returned the defective mobile handset well within time as per the order and also not deposited with all accessories, hence, rejected to pay the deposited amount to the complainant. 

3.        Against the said Order, the appellant/ complainant before this Commission and submits that the appellant was not in the station to deposit the mobile handset well within time.  The said delay in depositing the mobile handset is not intentional, but, for bonafide reasons, hence prayed to set aside the order passed by the District Commission and permit them to withdraw the amount.

4.        On going through the memorandum of appeal and certified copy of the Order passed by the District Commission in EA.No.6/2016 and also the Order passed in the complaint, the complainant has deposited a defective mobile handset to be handed over to the Opposite Party, there is a delay in depositing the same.  The District Commission after accepting the said mobile has refused to pay the deposited amount by the Opposite Parties to the tune of Rs.39,773/-.  The Order passed by the District Commission lacks legality.  The appellant is entitled to get the value of the mobile handset as per the Orders, accordingly, the JDR/Opposite Party has deposited the said amount and there is no any objection by the JDR/ Opposite Party for withdrawal of the said amount.  In the absence of such objection, the District Commission could have allowed the complainant to withdraw the said amount.  As such the Order passed by the District Commission is hereby set aside.  The complainant is entitled to get the deposited amount along with accrued interest if any.  Hence, the following;

ORDER

The appeal is allowed.

The District Commission is directed to release the deposited amount with accrued interest if any in CC.No.104/2014 and in EA.No.6/2016 to the appellant/complainant by obtaining proper identification.

Forward free copies to both parties.

             Sd/-                                                     Sd/-

(Sunita .C. Bagewadi)                               (Ravishankar)       

         Member                                          Judicial Member

KCS*