GEDGETS WORLD Vs. BHAVESH BHATPAHRI & ANR

JUDGEMENT

(1.) THIS Revision Petition, by Opposite Party No.1, namely, a Dealer in mobile phones, manufactured by Nokia, calls in question the correctness of the order, dated 21.10.2014, passed by the Chhattisgarh State Consumer Disputes Redressal Commission at Raipur (for short "the State Commission") in Appeal No. FA/14/626. By the impugned order, the State Commission has declined to condone a delay of 102 days in filing of the Appeal by the Petitioner, against the order, dated 05.05.2014, passed by the District Consumer Disputes Redressal Forum at Raipur (for short "the District Forum") in Complaint Case No. 506 of 2013. By the said order, the District Forum had allowed the Complaint, filed by the first Respondent, against the Petitioner and Nokia Care, with a direction to the Petitioner to pay to the Complainant a sum of Rs. 19,000/ - along with interest @ 9% interest per annum from 16.12.2013 till realization; Rs. 50,000/ - as compensation; and Rs. 5000/ - towards litigation costs, for having failed to replace a defective Nokia Lumia 625 mobile phone purchased by him on 05.09.2013 from the Petitioner.

(2.) ALTHOUGH in the application filed by the Petitioner before the State Commission no sufficient cause for condonation of the said delay had been made by it and, under the circumstances, the State Commission could not be faulted in declining to condone the delay but having regard to the fact that the Complainant, who appears in person, has stated before us that he has no objection if the case is remanded to the State Commission for fresh adjudication on merits, we are inclined to allow the Revision Petition.

(3.) WE may note that despite service, Respondent No.2, a Service Centre of Nokia, has not responded to the notice.