REVISION PETITION NO. 3210 OF 2006

(from the order dated 30.8.2006 in Appeal No.602/06 of the State Commission, Delhi)

National Insurance Co. Ltd.

Division No.XVII

12 Community Centre (1^st & 2^nd Floor)

East of Kailash

New Delhi – 110 018. … Petitioner

Versus

1. Mr.Gyanender Singh

H.No.160 Dwarka Village

Nr.Guru Teg Bahadur Nagar

Delhi – 110 009.

2. M/s.Planet Infocom

D-54 Kamla Nagar

Delhi – 110 054.

3. M/s.Nokia India Pvt. Ltd.

Radisson Hotel Commercial Plaza

N.H. - 8 Mahipal Pur

New Delhi – 110 037. … Respondents

BEFORE :

HON’BLE 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

03.05.2007

ORDER

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 Apex Court.

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 companies in India would try to follow such a gesture towards the consumers and not to raise unnecessary dispute and litigate, so that the consumers are not driven for a small amount to the National Commission or Supreme Court. This type of practice is required to be adopted in the interest of consumers all over the country. Unfortunately, we have developed legal practice to such an extent that even established facts are denied in the written version.

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.

……………………………………J.

(M.B. SHAH)

PRESIDENT

………………………………………

(P. D. SHENOY)

MEMBER

/sra/ 23 /Court-I