Date of filing:-20/11/2019. Date of Order/Judgement:-18/09/2023.
DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
CONSUMER COMPLAINT NO. 96 OF 2019.
Jayanta Kumar Mohanty, S/o. Upendra Mohanty, aged about 38 years, R/o. V.S.S. Nagar, Bargarh, Po. Bargarh, Ps. Town, Ps. Bargarh, Dist. Bargarh, Pin. 768028 (Odisha).
Complainant.
-: V e r s u s :-
(1) The Managing Director, SANSUI, Regd. Off. KAIL Limitted, 171, 17th Floor, Mittal Court,
C-wing, Nai-ma Point, Mumbai, Pin. 400021, Indian.
(2) The Manager Service Operations, SANSUI, 2ND Floor, Arnapurna Com-plex, Plot No.
263, Bapuji Nagar, Bhubaneswar (Odisha).
(3) The Proprietor, Sajay Sales, Goushala Complex, Gandhi Chowk, Bargarh, Po/Dist. Bargarh
768028 (Odisha).
Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri S. Mishra, Advocate with Associates.
For the Opposite Party No.1:- :- Ex-parte.
For the Opposite Party No.2:- :- Ex-parte.
For the Opposite Party No.3:- :- Sri A.B. Sahu, Advocate with Associates.
-: 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.18/09/2023. -: 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 had purchased one Sansui LED TV set bearing No. JKQ48FH-ZFA and No. 110514110281800090 from the Opposite Party No.3 on payment of Rs. 49,000/-(Rupees forty nine thousand)only against which the Opposite Party No.3 has duly issued money receipt No. 8636 Dt. 07/11/2015. The Opposite Party No.1 and 2 are the Manufacturer and after sales provider of Sansui Branch LED TV set. The aforesaid warranty for the TV set was within a period of 4 (4 years) from the date of purchase including replacement if necessary.
The aforesaid TV was found defective the Complainant Complained before the Opposite Party No.3 several times and the Opposite Party No,.3 advised the Complainant to lodge Complaint with the customer care of Opposite Party No.1 and 2 and accordingly the Complainant tried lodge Complain to through several toll free numbers provided by Opposite Party No.3 but all failed. Further, a pleader notice was sent to the Opposite parties for rectifying the defect but the Opposite Parties remained silent.
For the aforesaid out of Opposite parties selling a defective piece having manufacturing defect within the period of warranty amounts to deficiency in service as well as unfair trade practice.
Being harassed, the Complainant filed this Complaint before this Commission.
(2)The Case of the Opposite Party that the Opposite Party No.1 and Opposite Party No.2 did not appear before this Commission. Hence, Opposite Party No.1 and Opposite Party No.2 are set exparte.
(3)The Case of the Opposite Party No.3 is that the Opposite Party No.3 after being set exparte on Dt. 09/09/2022 appeared before this Commission on Dt. 31/01/2023 with set aside petition and accordingly the Opposite Party No.3 has been allowed to file its version.
In the version the Opposite Party No.3 has submitted that the Opposite Party No.3 was the authorized dealer of Sansui Branch products of Bargarh. During the period of warranty the Company is responsible for the removal of defect or repairmen of defects of the models. That the Complainant have never lodged any Complaint, grievance before the Opposite Party No.3 showing any defect of the TV.
The Complainant had visited the shop of Opposite party No.3 and 04/09/2019 and informed about defects in the TV set and the Opposite Party No.3 without considering the warranty aforesaid and without making any attempt to contact with the Opposite Party no.1 or its service centre in turn advised the Complainant to repair at its own cost is denied. The Opposite Party NO.3 cannot be liable for any deficiency. The Complaint petition to be dismissed.
(4)Perused the documents filed by the parties as well as oral submissions and following issues are framed:-
ISSUES:-
(1)Is the Complainant a Consumer of the Opposite Parties ?
(2)Is there any deficiency of service/unfair trade practice in part of the Opposite
parties ?
(3)Whether the Complainant is entitled for any relief ?
Issue No.1:-
The Complainant had purchased one Sansui LED TV bearing No. JKQ48FH-ZFA paying amount on Rs. 49,000/-(Rupees forty nine thousand)only from the dealer Opposite Party NO.3, The Opposite Party No.1 and Opposite Party No.2 being the manufacturer and service provider of the aforesaid TV. Hence, the Complainant is the Consumer of the Opposite Parties.
Issue No.2:-
After 2 years from the date of purchase the aforesaid TV. Started giving trouble, as there was manufacturing defect, the Complainant Communicated to the Opposite Parties, a pleader notice has also been sent to the Opposite Parties but the Opposite Parties could not rectify the defect under the warranty period, Further the dealer from where the Complainant purchased the aforesaid TV is not responsible for any manufacturing defect only the manufacturer or authorized service centre is responsible for removal of defect. For the act of Opposite party No.1 and Opposite Party No.2 the Opposite Party No.3 cannot be liable.
The Opposite Party No.1 and Opposite Party No.2 did not appear before this Commission, accordingly the Complaint petition is not disputed by Opposite party No.1 and Opposite Party No.2.
The issue is answered accordingly.
Issue No.3:-
As discussed supra the Complainant is entitled for relief claimed.
O R D E R
The Complaint is allowed exparte against Opposite Party No.1 and Opposite Party No.2 and dismissed against Opposite Party No.3. The Opposite Party No.1 and Opposite Party No.2 are jointly and severally liable to replace to aforesaid TV or refund Rs. 49,000/-(Rupees forty nine thousand)only towards of the TV to the Complainant. The Opposite Party No.1 and 2 are directed to pay Rs. 10,000/-(Rupees ten thousand)only for mental agony and Rs. 10,000/-(Rupees ten thousand)only towards litigation, expenses. All the order to be complied within 30 days failing which the entire order will carry 12% PA till realization.
Order pronounced in open court on this 18th day of September 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Jigeesha Mishra) (Smt. Anju Agarwal)
Dt.18/09/2023 Dt.18/09/2023
P r e s i d e n t. M e m b e r (w)
