LAWS(NCD)-2004-2-237

DURGA PRASAD SHARMA Vs. NAVED KHAN

Decided On February 27, 2004
DURGA PRASAD SHARMA Appellant
V/S
NAVED KHAN Respondents

JUDGEMENT

(1.) Heard. The appellant had complained to the Forum about respondent's rendering deficient services to him on his mobile phone. By order dated 16.7.2003 made by the Forum under Sec.13b of the C. P. Act, 1986 (the Act) the respondent was ordered to restore the services of the mobile phone to his satisfaction. It appears that although the respondent, according to his version, had removed the defect in his services on 31.7.2003 but the appellant was not satisfied with the services so rendered by the respondent to him. He, therefore, made an application under Sec.27 of the Act for enforcement of the order dated 16.7.2003. After having heard the parties on the matter and having felt satisfied that the order of the Forum dated 16.7.2003 had been complied with by the respondent on 31.7.2003 and the mobile was functioning well, the Forum dismissed the application of the appellant. It is against that order dated 6.9.2003 dismissing appellant's application under Sec.27 of the Act, that the present appeal has been filed.

(2.) The learned Counsel for the appellant vehemently urged that in the facts and circumstances of the case the Forum must have awarded minimum punishment to the respondent for his not complying with the interim order dated 16.7.2003.

(3.) After having gone through the material on record we are satisfied that the Forum has exercised its discretion in proper way. In fact an interim order made by the Forum under Sec.13b of the Act was enforceable under Sec.25 (1) of the Act and not under Sec.27 of the Act. Sec.25 contemplates the enforcement of interim orders by attachment of contemner's property during the pendency of the complaint. Therefore, Sec.27, in fact, was not applicable in the present case for enforcement of the interim order dated 16.7.2003. In the result, the appeal is dismissed. Appeal dismissed.