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Dineshkumar BH (Partner)     21 July 2017

Compensation

Dear Advocates 1. I am Dinesh from Bangalore. 2. I purchased mobile from www.ebuy.in by online. Since 1st days it’s was unable to operate. 3. 16-08-2014 I filed case against a mobile company in consumer forum Bangalore. 4. 25-08-2014 District Forum rejected the case. Reason is online purchase not come to their jurisdiction. 5. 01-10-2014 I challenge the order in state forum. The state forum given judgment in favors me on the basis of cause action arose. 6. 19-01-2014 re-admit the case and same district forum. Since 19-10-2014 till the order date 25-08-2015 opposite parties didn’t attend court. 7. 25-08-2017 district forum passed the order opposite parties to pay mobile cost + 12% interest per annum + 2000 cost and sent notice. But they didn’t appear and comply the order. 8. 01-10-2015 I filed execution petition, Again they didn’t appear to court. 9. 20-01-2017 taken sworn statement from me and issue summons. 10. 16-06-2017 they appear to court. That day I did not appear. That day court told them to comply the order. 11. 20-07-2017 I attended the court opposite gave the cheque mobile cost 16000 + 2000 Cost + Interest 5000 for 3yrs 1 Month 5 days. 12. I have refused to take cheque. I have accepected the earlier order. Reason is after 2 years they came and giving me 2000 cost. Since filing case I have attend 22 times before execution and 44 times after execution filing and spend 5000-00 for documentation (printing, typing, xerox & postal covers & postal charge). 13. I asked forum to insist to opposite parties bare other expenses & financial losses, what the court ordered 2000 it’s very less which I spend. 14. To come court I have taken loss of pay leave and attended. Travelling expense will be around 6500-00. If it’s 5 to 10 times I could have ignored. Its more than 60 times, how can I. 15. From their negligence I have lost 60 days of work & incurred me 7000-00 Travelling expenses. 16. I have given in written statement actual all expenses and also explain judge; he didn’t read my statements & listen words. 17. Now my question is how can I claim expenses and Financial losses. Please help regarding this. How can challenge this order.


Learning

 2 Replies

Arjun Kohli   25 July 2017

I believe you could appeal against the said order as you're not satisfied with the quantum of damages levied on the opposite party. 

If you had hired some lawyer, feel free to discuss the same with him/her or feel free to consult any local lawyer specialising in consumer matters.

Dineshkumar BH (Partner)     10 August 2017

Thanks for your reply and spending your valuable time

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