Dinesh Sharma vs PURAN CHAND

-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 Section 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/-.

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 Section 27 of the Act, in compliance of Commissioner''s order dated 10.2.2003. 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.

After having given due consideration to the submissions advanced before us and on taking due note of the conduct of the petitioner in depositing the amount of compensation and cost as per basic order and the amount of fine as imposed by the Forum in the proceedings under Section 27 of the Act, we are of the opinion that the sentence of imprisonment passed on him should be set aside and be substituted with a fine of Rs. 1,000/- only.

IN view of the above the sentence of imprisonment is set aside instead the amount of fine is increased from Rs. 5,000/- to Rs. 6,000/-. The amount of Rs. 5,000/- which was deposited by the petitioner towards the basic order shall be released by the Forum in favour of the complainant. The complainant shall further get an amount of Rs. 2,500/- out of the amount of Rs. 6,000/- as stated above. The balance amount of Rs. 3,500/- shall be paid to the President, State Commission Bar Association, Legal Aid Jaipur. The petitioner has already deposited a sum of Rs. 5,000/-. He shall deposit or pay to the President of the Bar Association the further amount of Rs. 1,000/- within a period of one month. The petition stands disposed of. Revision Petition disposed of.