DINESH SHARMA Vs. PURAN CHAND

JUDGEMENT

(1.) -heard. BY its basic order dated 27.8.1998 in Complaint No.624/1997 the Forum had directed the present petitioner to pay a sum of Rs.4,500/- as compensation for mental agony and Rs.500/- as cost of litigation to the complainant for rendering deficient services to him in matter of catering. Since the aforesaid order was not complied with by the present petitioner, the complainant moved an application under Sec.27 of the C. P. Act, 1986 (the Act) registered as Misc. App. No.48/1999 and after giving opportunity of being heard to the petitioner, declared him guilty of disobedience of the basic order of the Forum. The Forum, vide its order under challenge dated 31.1.2003, sentenced the petitioner to simple imprisonment for one year and also to pay a fine of Rs.5,000/-.

(2.) During the course of pendency of this petition the petitioner complied with the basic order by depositing an amount of Rs.5,000/- vide receipt dated 5.2.2003. He deposited a further amount of Rs.5,000/- on account of the penalty imposed upon him by the Forum under Sec.27 of the Act, in compliance of Commissioner's order dated 10.2.2003.

(3.) With the above facts the learned Counsel for the petitioner urged that the petitioner was new entrant in the business of catering and although he had tried his best to render his catering services to the complainant but there might have been some lapse on his part for which he had already punished with reward of compensation and cost of litigation on the respondent and a fine of Rs.5,000/-. It was submitted that looking to the extent and nature of the disobedience, the petitioner is found to have done in the present case, his sentence may be restricted and limited to be punishment and fine only.