Date of filing:- 22/08/2022

Date of Order/Judgement:-26/12/2022.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,

B A R G A R H.

Consumer Complaint No. 78 of 2019.

Bhenesekhar Sahu, R/O. Ward No. 18, Bharati Nagar, Po. Bargarh, Ps. Bar-Garh (Town) Dist. Bargarh Pin. 768028.

                                                                      .....               .....       Complainant.

V e r s u s

1. Managing Director, Kail Limited, Head Office, At. 171, 17th Floor, Mittal Court, C Wing, Nariman Point, Mumbai 400021.
2. The Proprietor, Sanjay Sales, At. Goushala Complex, Gandhi Chowk, Po. Bargarh, Ps. Bargarh (Town), Dist. Bargarh Pin. 768028.

 ...            …..  Opposite Parties.                              

Counsel for the Parties:-

For the Complainant :-       :- Sri P.K. Mahapatra,  Advocate with associate Advocates.

For the Opposite Party No.1:-       :- Exparte.

For the Opposite Party No.2:-       :- Sri K. Sahu, Advocate with associate Advocates.

                                                -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.26/12/2022.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by  Smt. Anju Agarwal, Member (w):-

1.  The Case of the Complainant is that Complainant had purchased for consideration of Rs.24,500/-(Rupees twenty four thousand five hundred) only  One 40’ SANSUI MAKE LED Television set bearing Model No. SNE40HB23CAF, Serial No. 110417110293803790 from the Opposite Party No.2 and the Complainant was provided due receipt along with warranty card, Opposite party No.1 is the manufacturer of the T.V. Set. That the Opposite Parties have given assured original warranty for 1 (one) year and further extended warranty for 2 (two years) on all functional parts in respect of the TV Set. On Dt. 02/07/2019, within the extended warranty period of 2 (two) years some defect occurred in the TV set and the same became defunct. That since the defect of the TV set was within the standard warranty period the Complainant tried to make contact in the  service centre number provided  by the Opposite parties but unable to contact. That on Dt.03/07/2019 the Complainant visited to the shop of the Opposite party No.2 and informed about the defect in the TV Set and about the extended warranty on it. The Opposite party No.2 without considering the warranty and without making any attempt the contact with the Opposite Party No.1 or its service centre in turn advise the Complainant to repair the TV set at his own cost. On Dt.05/07/2019 the Complainant serve letter to Opposite party No.2 to repair the aforesaid TV but the Opposite Parties did not settle the claim of the Complainant. Being aggrieved the Complaint was filed.
2. After registering the Complaint notices was sent to the Opposite parties both  Opposite party No.1 and 2 set exparte on Dt. 23/09/2022.
3. Perused the documents  filed by the parties and following issues are framed:-

ISSUES:-

1. Whether the Complainant is a Consumer of the Opposite parties ?
2. Whether the Opposite parties are deficient in service ?
3. What relief the Complainant is entitled to get ?

Issue No.1

1. The Complaint purchased are on Dt. 26/06/2017 40’’ SANSUI Make LED TV Set bearing model no. SNE40HB23CAF, Serial No. 110417110293803790                                                  from the Opposite party No.2  and Opposite Party No.1 is the manufacturer and of the aforesaid TV. Hence, the Complainant is the Consumer of the Opposite Parties.

Issue No.2

2. The Complainant purchased SANSUI Make LED TV Set bearing model no. SNE40HB23CAF, Serial No. 110417110293803790  TV from the Opposite Parties on Dt. 26/06/2017. The Opposite Parties gave extended warranty for another two years. Meanwhile problems arise on the TV Set under the extended warranty period. Therefore the Complainant gave a Complaint to the Opposite Party No.2 on Dt. 03/07/2019 but the Opposite Parties neither took any step to repair the TV Set nor responded the letter of the Complainant. After several request the Opposite Parties did not come forward to rectify the defect of the TV of the Complainant or replacing the same with newone. Hence, there is deficiency in service on the part of the Opposite Parties towards the Complainant in not rectifying the problems of the TV or replacing the same with new one or refund the cost of the TV set.

Issue No.3

3. As discussed SUPRA the Complainant is entitled for the relief claimed. The Opposite party are jointly and severally liable for deficiency in service by not providing service to the Complainant to repair the aforesaid TV within the warranty period.

Accordingly it is ordered.

O R D E R

The Complaint is allowed on exparte against Opposite Parties. The Opposite Party No.1 and 2 are directed to replace the TV of the same brand  or refund the cost of the TV set i.e. Rs.24,500/-(Rupees twenty four thousand five hundred) with interest 9% per annum from the date of Complaint that is 05/07/2019 till realization to the Complainant within 30 days  from date of this order.  Further, the Opposite Party No.1 and 2 are directed to pay Rs.10,000/-(Rupees ten thousand) only compensation for harassment and Rs.5000/-(Rupees five thousand) only litigation expenses. Failing which, the entire amount will carry 12% interest per annum till realization.

            Order pronounced in open court on this 26^th  December 2022.

            Supply free copies to the parties.

           Typed to my dictation

                                                                                                and corrected by me.                                                                                            

                   I  agree/-                                                                       

      ( Smt. Jigeesha Mishra)                                                          ( Smt. Anju Agarwal)

             Dt.26/12/2022                                                                             Dt.26/12/2022

             P r e s i d e n t.                                                                      M e m b e r   (w)

            UPLOADED BY

(SRI DUSMANTA PADHAN)

       OFFICE ASSISTANT