Haryana

Karnal

328/2014

Ajay Kalyan S/o Iswar Singh - Complainant(s)

Versus

1. Samsung India Electronic's Pvt. Ltd - Opp.Party(s)

09 Oct 2015

ORDER

BEFORE  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.328 of 2014

                                                               Date of instt. 16.12.2014

                                                               Date of decision: 21.10.2015.

 

Ajay Kalyan son of Shri Ishwar Singh resident of House No.2045, Sector 7, Karnal.

                                                   ……….Complainant.

                             Versus

 

1.Samsung India Electronic Private Limited, Second, Third and Fourth Floor, Tower C, Vipul Tank Square, Golf  Course Road, Sector 23, Gurgaon 122002.

 

2.M/s Laxmi Agency Link Road, near Dayal Singh College, Karnal 132001.

 

3. M/s Paras Traders, Shop No.6, Model Town, Main Market, Karnal through Sh.Ajay Malik

                                                           ……… Opposite parties.

 

                     Complaint U/s  12  of the Consumer

                     Protection Act.

 

Before          Sh.K.C.Sharma……. President.

                   Sh.Anil Sharma ………Member.

                   Smt.Shashi Sharma…..Member.     

 

 Present:       Sh.Ajay Kalyan, complainant in person.

                   Sh.Dheeraj Sachdeva Advocate for OPs no.1 and 2.

                   OP No.3 ex parte.

 

ORDER:

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act on the averments that he had purchased one Samsung LED  TV HG 39 AB 460 HW- MTZY 8S3MEDB 00019 on 30.12.2013 from Opposite Party ( in short OP) No.3 for a sum of Rs.41000/- with warranty of one year.   Defects developed in the said LED TV twice regarding which he made complaints to OP no.3, who got the defects removed. However, one month prior to filing of the complaint, the TV again became defective regarding which he made complaint to company on 14.10.2014. One mechanic came from the company and checked the TV and told that the same would be repaired after  arranging  some  parts, but thereafter none turned up to repair the same.  On 28.11.2014, he again made complaint on customer care No. 84490236481  but, no heed  was paid to his complaint. Thereafter,  he complained to the company on 9.12.2014,  vide complaint no.4186310289 but despite that no mechanic of the  OP came to remove the defect. It has further been alleged that from customer care he came to know that LED sold to him was of hotel model, whereas he had purchased the same for his house. In this way, the Ops had played fraud upon him and he suffered mental harassment and agony apart from financial loss.

 

2.                Notice of the complaint was given to the OPs. The Ops no.1 and 2 appeared and filed joint written statement controverting the claim of the complainant on various grounds. Objections have been raised that the complaint is not maintainable; that complainant has not approached this Forum with clean hands; that complainant has no locus standi and cause of action to file the present complaint; that OP no.3 is not authorized dealer of company and as such company is not liable for any wrong on the part of OP no.3.

 

                   On merits, it has been submitted that LED sold by the OP no.3 was never imported by the Samsung India Private Limited and never supplied  to OP no.3 or any other person. The unit purchased  by the complainant from OP no.3 is imported one and does not bear any International warranty and would be repaired on chargeable basis. The OP no.3 was not  dealer of the company and he was never authorized to sell the alleged unit to the complainant. As the Unit was not having International Warranty, the complainant was asked to pay the charges for  repair but he refused to get the unit repaired.  Thus, there was no deficiency on the part of the OPs no.1 and 2  and there is no  relation of consumer  and supplier  between them and the  complainant. The other allegations  made in the complaint have been denied.

                  

3.                None appeared on behalf of OP no.3 despite service, therefore, exparte proceedings were initiated against OP no.3, vide order dated 23.2.2015.

 

4.                In evidence of the complainant, he filed affidavit Ex.C1 and copy of bill Ex.C2.

 

5.                In evidence of Ops affidavit of Shri Niwas Ex.RW1/A and documents Ex.R1 and Ex.R3 have been tendered.

 

6.                We have heard the complainant and  learned counsel for the OP No.1 and 2  and have gone through the case file very carefully.

 

7.                The bill Ex.C2 produced by the complainant is sufficient to prove that he purchased one Samsung LED  TV HG 39 AB 460 HW- MTZY 8S3MEDB 00019 on 30.12.2013 from OP no.3  and invoice NO.6319 was  issued in that regard. The complainant has filed his affidavit Ex.C1 in support of the allegations that said TV is having defects and the Ops are not repairing the same.

 

8.       As per pleadings of OPs no.1 and 2 the said LED TV purchased by the complainant was not sold by them and OP no.3 is not  authorized   to sell electronics items manufactured by them.  It is pertinent to note that even on the invoice OP no.3 had not mentioned that he was authorized agent of OP no.1 Samsung  India Electronics Private Limited. The OPs no.1 and 2 have also alleged that  unit  purchased by the complainant from OP no.3 is imported and there is no  International warranty of the same, therefore, they are not liable to  repair the same under any warranty. The customer service record Ex.R1 and Ex.R2  indicates that complainant had refused to get his TV repaired on payment basis. In this way, there was no deficiency in services on the part of OPs no.1 and 2. The TV was sold to the complainant by OP no.3, therefore, OP no.3 was liable to repair the TV.  As the OP no.3 did not  repair the  TV during warrant period of one year provided for the said TV, there was deficiency in service on the part of OP no.3.

 

9.                As a sequel to the foregoing reasons, we accept the present complaint and direct the OP no.3 to repair the LED TV of the complainant. We also direct the OP no.3 to pay Rs.5500/- to the complainant  as compensation for the harassment and agony caused to him and for the litigation expenses. The OP no.3 shall  make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order. The complaint qua OPs no.1 and 2 stands dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:21.10.2015                                                                            

                                                                  (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

 (Anil Sharma)       (Smt.Shashi Sharma)    

   Member.                             Member.

 

 

 

 

 

Present:        Sh.Ajay Kalyan, complainant in person.

                   Sh.Dheeraj Sachdeva Advocate for OP no.1 and 2.

                   OP No.3 ex parte.

 

                   Arguments heard. Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

 

Announced
dated:21.10.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

 (Anil Sharma)       (Smt.Shashi Sharma)    

   Member.                             Member.