SUMAN KUMAR GUPTA Vs. ATUL M. MARU

JUDGEMENT

(1.) THIS appeal is directed against order dated 16.1.2008 passed by District Consumer Disputes Redressal Forum, Lohardaga, in Consumer Complaint No. 30 of 2006, whereby the appellant, who was impleaded as opposite party No. 1 in the complaint has been directed to take back the mobile phone and refund the amount of Rs. 5,499.00, after deducting current charges for the month of December, 2005, amounting to Rs. 567.03 and to pay a compensation including cost of litigation of Rs. 10,000.00 to the complainant -respondent.

(2.) ACCORDING to the office report, limitation for filing appeal from the date of impugned order expired on 15.2.2008, wehreas it was filed on 7.3.2008. It is apparent from the last page of the true copy of the impugned order that the same was issued on 30.1.2008. It is stated in the petition filed for condonation of delay along with the memorandum of appeal that after receiving the copy of order under appeal some time was consumed in completing official formalities and unfortunately Senior Manager, Legal of Tata Teleservices Ltd. was out of station on official duty, hence six days delay was caused in filing the appeal from the date of receipt of order. These statements are uncontroverted. Hence, delay is condoned.

(3.) CONSUMER Complaint No. 30 of 2006 was filed against the appellant as well as the respondent No. 2, M/s. Pasa Sales and Marketing (Tata Indicom Dealer), Ranchi alleging deficiency in service and unfair trade practice on their part.