25-07-2016 - The reasons for delay in disposal of this appeal can be seen from the order sheet.                          

2. Inspite of fixing this case for ex-parte hearing, nobody appears for the parties.

3. A petition has been filed for condoning the delay of about 683 days in filing this appeal, but, no satisfactory grounds are made out at all for condoning the long delay of about 683 days.

4. However, in the interest of justice, the delay is condoned, but subject to payment of cost of Rs. 2500/- to the respondent- complainant.

5. After carefully going through the papers, we find that no grounds are made out for interfering with the findings of learned District Forum, that there was deficiency on the part of the O.P.2-appellant. He could not prove his defence that the warranty of mobile was not available as the warranty seal was found broken. Rather, the complainant proved that within the warrantee, he took the defective mobile to the appellant- (the authorized service centre) but for setting it right, charges were demanded.

6. However, in our opinion, the amount of compensation and the rate of interest is on higher side.

In the circumstances, the operative portion of the impugned order is modified to the following extent. If not already done, the appellant is directed to repair the Mobile set of the complainant free of cost to his satisfaction and deliver it to him or, get the Set replaced with another Set of the same value i.e. Rs. 17,500/- or get Rs.17,500/- returned from the Company. The appellant will also pay Rs. 2,500/- as the cost of condoning the delay and Rs. 2,500/- as compensation, total Rs. 5000/- to the complainant. This order should be complied within 30 days of this order, failing which, the said amount of Rs. 17,500/- will also bear simple interest @ 9% P.A. from the date of this order, till the date of payment / realization.

This appeal, thus stands disposed off.

Issue free copy of this order to all concerned for information and needful.

Ranchi,

Dated:- 25-07-2016