NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
(from the order dated 30.8.2006 in Appeal No.602/06 of the
National Insurance Co. Ltd.
12 Community Centre (1st & 2nd Floor)
East of Kailash
1. Mr.Gyanender Singh
Nr.Guru Teg Bahadur Nagar
2. M/s.Planet Infocom
D-54 Kamla Nagar
3. M/s.Nokia India Pvt. Ltd.
N.H. - 8 Mahipal Pur
HONBLE MR.JUSTICE M.B. SHAH, PRESIDENT
DR. P.D. SHENOY, MEMBER
For the Petitioner : Mr.S.D. Wadhwa, Advocate
For Respondent No.1 : NEMO
For Respondent No.2 : Mr.Rohit Aggarwal, Advocate
For Respondent No.3 : Mr.Siddharth Luthra, Advocate
The District Forum, by its order dated 18.5.2006, in complaint No. 504/2005, directed the respondents to pay Rs.9,850/- as cost of Mobile handset as well as Rs.5000/- as compensation and Rs.1000/- as cost of litigation to the complainant who purchased Nokia Mobile handset with an insurance cover that was handed-over to him by the dealer at the time of purchase.
Against that order, National Insurance Co. Ltd.,
preferred Appeal No.A-602/2006. That
Appeal was dismissed by the State Commission on altogether a different ground
by not following the binding decision rendered by the
We disapprove the said practice.
However, learned counsel
for Respondent No.3 (Nokia India Pvt.Ltd.), makes a fair statement that without
prejudice to its rights and contentions, Respondent No.3 would pay the said
amount to the complainant. We hope that
In view of the aforesaid statement made by the learned counsel for Nokia, this Revision Petition, filed by the National Insurance Co. Ltd., would not survive and is disposed of accordingly. There shall be no order as to costs.
The amount ordered by the District Forum shall be deposited by Respondent No.3 with the Registrar of the District Forum within a period of 3 weeks from today. The District Forum would pay the said amount to the complainant in Execution proceedings or otherwise by issuing Notice after verifying the identity of the complainant.
(P. D. SHENOY)
/sra/ 23 /Court-I