Date of filing:- 12/03/2021.

                                                                                                    Date of Order/Judgement:-27/02/2023.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,

B A R G A R H.

Consumer Complaint No. 19 of 2021.

                Kishan Suna, aged about 21 years, S/o. Rajesh Suna, Resident of Bargarh, Ward No.5,  Bisipada, Po/Ps/Tahasil/Dist. Bargarh.

                                                                                                                           Complainant.

V e r s u s

1. The General Manager, Videocon Industries Ltd, 14 KM Stone, Aurangabad Paithan Road Village Chittegaon, Taluk. Paithan, Aurangabad 431105
2.  The Zonal  Manager, Videocon Industries Ltd, A/60, BJB Nagar, 1st Floor, Bhubaneswar 751014 Odisha.
3. The Proprietor, Sanjaya Sales, Bargarh, At. Goshala Complex, Gandhi Chowk, Bargarh, Po/Ps/Tahasil/Dist. Bargarh 768028.

                                                                                                       Opposite Parties.                          

Counsel for the Parties:-

For the Complainant :-                      :- Sri Mahendra Sahu  and  Associates.

For the Opposite Party No.1,2 and 3    :- Exparte.

                                                -: 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.27/02/2023.                                 -: J   U  D   G  E  M  E  N  T:-

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

1. The Case of the Complainant is that the Complainant is a banafide purchaser of Videocon 32 inch LED TV bearing model IVC32FZ-A and No. 11071411031910463 on payment of Rs. 20,000/-(Rupees twenty thousand)only cash on Dt. 23/10/2014 under warranty of five years. While the TV was under the warranty period, the T.V. stop functioning as the screen became pictureless. The Complainant has raised his Complaint before the Opposite party No.3 on 16/08/2019 but the Opposite Party No.3 deferred the same on different pretext till 31/01/2020 when the Opposite Party No.3 has denied to  provide any service or to make arrangement to cure  the defect of the T.V. Finding no way out the Complainant has also contacted Opposite Party No.1 and 2 over telephone and raised his grievances but they also turned down his request. That finding no way out the Complainant has also served pleaders notice on Dt. 12/02/2020 through Advocate Sri M.Sahu but the Opposite Party No.1 and 3 have received the notice but kept silent whereas the Opposite Party No.2 has managed to avoid the notice tactfully.

Being aggrieved the Complaint was filed.

2. After registering the Complaint notices were sent to the Opposite Parties but due to non appearaqnce, Opposite Party No.1,2 and 3 are set exparte.
3. Perused the documents filed by the parties and following issues are framed.

ISSUES

1. Is the Complainant consumer of the Opposite Party ?
2. Whether the Opposite parties are deficient in their service ?
3. What relief the Complainant is entitled to get ?

Issue No.1.

            The Complainant purchased one Videocon 32 inch LED TV bearing model IVC32FZ-A and No. 110714110131910463 on Dt. 23/10/2014 from the Opposite party No.3. Opposite Party No.1 is the manufacture of the aforesaid T.V. and Opposite Party No.2 is the zonal manager of the aforesaid T.V.. Hence the Complainant is the Consumer of the Opposite Parties.

Issue No.2.

            The Complainant purchased on Dt. 23/10/2014 one Videocon 32 inch LED TV bearing model IVC 32 FZ-A and No. 110714110131910463 on payment of Rs. 20000/-(Rupees twenty thousand)only. The Opposite parties gave 5 year warranty on the aforesaid T.V. However, when the T.v. was unde the warranty period it stop functioning and no images were displayed. The Complainant informed to Opposite Party No.3 on Dt. 16/08/2019 and Opposite Party No.3 assured to provide necessary service to rectify the same. The Complainant also contacted Opposite Party No.1 and Opposite Party No.2 they did not solve the problem. Communication was made through mails to the Videocon service  partners but the Opposite Parties never tried to solve the problem. On Dt. 31/01/2020, the Opposite party No.3 denied to provide any service. Not coming forward to repair the aforesaid T.V. which is within the warranty period amounts to deficiency in service on the part of Opposite Parties.

Issue No.3.

            As discussed SUPRA the Complainant is entitled for the relief claimed for which the Opposite Party No.1, 2 and 3 are jointly and  Accordingly it is ordered severally liable.

O R D E R

The Complaint is allowed exparte against the Opposite Party No.1,2 and 3. The Opposite parties are jointly and severally lliable and directed to replace the TV  or refund the cost of the same i.e. Rs. 20000/-(Rupees twenty thousand)only with an interest of 8% P.A. from the date of purchase of the said T.V. i.e.  23/10/2014 towards mental agony and harassment and Rupees 5000/-(Rupees five thousand)only for litigation expenses to the Complainant within one month of this order. In case of non payment the entire amount was carry 12% intrest per annum till realization.

Order pronounced in open court on  27^th day of  February 2023.

            Supply free copies to the parties.

      Typed to my dictation

                                                                                           and corrected by me.                                                                                            

               I  agree/-                                                                       

      ( Smt. Jigeesha Mishra)                                                               (Anju Agarwal)

              Dt.27/02/2023                                                                         Dt.27/02/2023.

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

          UPLOADED BY

(SRI DUSMANTA PADHAN)

     OFFICE ASSISTANT.