Date of Filing      : 21.09.2016

                                                                                                                     Date of Disposal:  11.01.2019

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR-1.

THIRU.  J. JUSTIN DAVID, M.A., M.L.                                         .…. PRESIDENT

TMT.      K. PRAMEELA, M.Com.                                                  ….. MEMBER-I

THIRU.  D.BABU VARADHARAJAN, B.Sc., B.L.                          ..… MEMBER-2

CC.No.46/2016

Friday the 11^th  DAY OF JANUARY 2019

N.Kannan,

S/o.S.Manickam,

Old No.35, New No.5, Kannai Koil Street,

Chennai  - 600 018.                                                          ……………. Complainant.

                                               //Vs//

1. M/s.Venus Electronics,

     H.O. No.8/109, Palani Road,

    Dindugal -624 001.

2.M/s.Venus Electronics,

    O.No.119, N.No.77, Arcot Road,

    Porur, Chennai -600 116.

3.M/s.Samsung India Electronics Private limited,

   B-1, Sector-81, Phase2,

   Noida, Uttarpradesh – 201 301.

4.M/s. Samsung Customer Satisfaction,

   2^nd floor, Tower-C, Vipul tech,

   Square sector

   No.43, Golf Course Road,

   Gurgaon, Hariyana – 122 002.                           ………opposite parties.

This complaint is coming upon before us finally on 21.12.2018 in the presence of M/s. S.Ramachandran, Counsel for the complainant, M/s.V.V.Girithar, Counsel for the 3^rd opposite party and the 1^st to 2^nd and 4^th opposite parties are set ex-parte for non-appearance and having perused the document and evidences and written argument of the complainant and 3^rd opposite party this Forum delivered the following. 

ORDER

PRONOUNCED BY THIRU.J.JUSTIN DAVID, PRESIDENT.

This complaint is filed by the complainant Under Section 12 of Consumer Protection Act-1986 against the opposite parties for seeking compensation for total damages to the tune of Rs.2,52,000/- deficiency in service on the part of the opposite parties.

2. The brief averment of the complaint is as follows:-

The complainant having seen an advertisement on the website about the function of Samsung LED 40J5300-363BGA04543 had approached the 2^nd opposite party and enquired about the function of Samsung LED TV.  The 2^nd opposite party confirmed that the said TV had the Dolby Digital Function.  The complainant had purchased the said Samsung LED 40J5300-363PBGA04543 from the 2^nd opposite party on 24.10.2015 vide invoice No.CWHI-15/159106492 and took delivery on 25.10.2015 for Rs.47,000/-.  Right from the time of installation of the said TV the Dolby Digital was not functioning and as per the advice of the 2^nd opposite party, the complainant made a complaint of the defect on 06.01.2016 and a complaint was registered by the 4^th opposite party vide complaint No.2131007255 and the 3^rd opposite party’s technician Mr.Sathish visited complainant’s house and was not able to rectify the defect in the LED TV.  The complainant made a 2^nd complaint which was registered as complaint No.4207475635 and the technician sent by the 3^rd opposite party failed to rectify the said defect in the TV.  Thereafter the complainant started giving many complaints and the 4^th opposite party assigned a permanent complaint No.8473136638 and the 3^rd opposite party’s technician visited the complainant’s house on number of occasions and still the defect in the TV was not rectified and also tried to change the Mother Board of TV, which also failed. The complainant was told by the technician that the TV (Dolby Digital) will only function if the Home Theater has to be installed to make the TV function. The complainant approached the 2^nd opposite party to replace the said television which was refused by the 2^nd opposite party, which has a warranty period still in force.  The opposite parties who conformed the function of the Dolby Digital System have failed to rectify the same which lack’s deficiency in product and also in the service of the product thereby not caring and catering to the needs of the complainant that has cause great mental agony not only to the complainant but also to his family members.  Then the complainant issued two legal notice to the opposite parties dated 22.02.2016 and 19.08.2016 the same was acknowledged by the opposite parties and gave no reply not received the defects in the television.  Hence this complaint is filed.

3. The contention of written version of the 3^rd opposite party is briefly as follows:-

The television set purchased by the complainant was equipped Dolby Digital sound functions.  The sound can be more effective when the television set is used in DVD’s, Blu-ray Disk, cable, broadcast and satellite television, PC’s and even video games. However the effect of Dolby Digital sound system would be more effective only in the high quality Blu-ray Disk and DVD with home theatre sound system.  With regard to the cable and satellite television programs the sound quality of the programs depends on the quality of the broadcast unless the television broadcast program of channel comes with a stereo effect, there will not be much effect in reception of the sound effect.  The 3^rd opposite party had send its technician to inspect the television purchased by the complainant on verification there was no defect in the television set purchased by the complainant and it was working in the good condition.  Further it was informed the complainant the Dolby digital sound effect depend on the quality of the broadcast being received and to get more effect to the Dolby digital sound. There is no defect in the television set purchased by the complainant and there is no necessity for change of the mother board of the television set. There is no fault in the television set purchased by the complainant hence the question of refund or compensation did not arise and there is no mental agony since there is no deficiency of service or financial loss and the complainant had filed the above complaint without any basis. Therefore this Hon’ble Forum may graciously be pleased to dismiss the above complaint with costs.

4. In order to prove the case, on the side of the complainant, the proof affidavit submitted as his evidence and Ex.A1to Ex.A5 were marked.  While so, on the side of the 3^rd opposite party, the proof affidavit submitted but no document filed on their side. Further written argument filed and oral argument adduced on the side of the complainant and 3^rd opposite party.

5. At this juncture, the point for consideration before this Forum is:-

(1)Whether there is any deficiency of service on the part of the opposite party as alleged in the complainant by the complainant?

(2)Whether the opposite party is liable to pay compensation of Rs.50,000/- towards mental torture and agony suffered to the complainant?

(3)To what other reliefs, the complainant is entitled to?

6. Point No. 1to2:-

The complainant in the complaint and in the proof affidavit alleged that the complainant has purchased the Samsung LED television 40J5300-363PBGA04543 from the 2^nd opposite party on 24.10.2015, that right the time of installation the Dolby Digital of the television was not functioned, that the complainant made a complaint informing the defect on 06.01.2016, that the technician of the 3^rd opposite party visited the complainant house and unable to rectify the defect in the LED television, that the complainant made a 2^nd complaint and the technician sent by the 3^rd opposite party failed to rectify the said defect in the television, that the technician of the 3^rd opposite party try to change the Mother Board of the television which also failed, that the opposite parties have failed to rectify the defect and committed deficiency in service .

7. On the other hand, the 3^rd opposite party in their written version and in the proof affidavit contented that the Samsung LED television purchased by the complainant was equipped Dolby Digital sound functions, that the sound can be more effective when the television is used in DVD’s Blu-ray Disk, Cable, broadcast and satellite television, PC’s and even video games in the television, that the complainant made a complaint alleged that there was no Dolby Digital sound system in the television, immediately the 3^rd opposite party has sent its technician to inspect the television and it was working in good condition and there is no defects in the television purchased by the complainant and there is no fault in the television.

8. The complainant purchased a Samsung LED television 40J5300-363PBGA04543 from the 2^nd opposite party on 24.10.2015 through Ex.A2 and the complainant delivery of the television on 25.10.2015 which is marked as Ex.A2.  According to the complainant the television purchased by the complainant is having Dolby Digital function.  To prove the same the complainant filed Ex.A1 it shows that the LED television (40) full HD flat smart television J5300 is having in the video Dolby Digital function and the 3^rd opposite party also admitted in their written version that the television purchased by the complainant was equipped Dolby Digital sound functions.

9. Since the television purchased by the complainant from the 2^nd opposite party have some defects and as per the advice of the 2^nd opposite party the complainant made a complaint before the 4^th  opposite party on 06.01.2016 to rectify the defects.  But the  3^rd opposite party unable to rectify the defects and therefore the complainant made  2^nd complaint with the 4^th opposite party and the technician from the 3^rd opposite party also failed to rectify the defects for the 2^nd time and therefore the complainant made  3^rd complaint and the technician from the 3^rd opposite party visited the complainant house to try to change Mother Board of the television but the technician failed to change the Mother Board and told the complainant that the television will function only if the Home Theater has to be installed. Hence there is defect in the television purchased by the complainant and the opposite party was unable to rectify the defects.

10. The complainant issued a legal notice on 22.02.2016 and also 19.08.2016through Ex.A3.  The Ex.A3 is the copy of the legal notice issued on 22.02.2016 and on 19.08.2016.  Though the opposite party received the legal notice but failed to send any reply. In the legal notice the complainant has stated that the technician sent by the 3^rd opposite party was unable to rectify the defect and therefore to replace this television and to pay Rs.2,00,000/- towards compensation.  The complainant issued the legal notice to all opposite parties. The opposite parties received the notice but failed to send any reply. 

11. The complainant purchased the Samsung LED television from the 2^nd opposite party on 24.10.2015 and the complainant found the defects on 06.01.2016 itself and registered a complaint regarding the defects the complainant found and informed the defects within warranty period.  But the opposite parties unable to rectify the defects and committed deficiency in service.  Because of the deficiency of service on the part of the 2^nd and 3^rd opposite party the complainant unable to use the television and the same might caused physical and mental agony to the complainant therefore the complainant is entitled for compensation.

12. The 1^st opposite party is the head office of the 2^nd opposite party and 2^nd opposite party is the Branch office and 3^rd opposite party is the manufacturer of the Samsung LED television and 4^th opposite party is only a Customer satisfaction centre.  The complainant purchased the television from the 3^rd opposite party who is the manufacturers of the television through the 2^nd opposite party who is the dealer of the television.  The 3^rd opposite party is the manufacturer of the Samsung LED television and 2^nd opposite party is the service provider.  Therefore the 2^nd and 3^rd opposite party are jointly or severally liable to rectify the defects found in the television and to pay compensation. On the other hand the 1^st and 4^th opposite parties are nothing to do with the television purchased by the complainant.  Therefore the complainant filed against the 1^st and 4^th opposite party are liable to be dismissed. The above point are answered accordingly.

13. Point No.3:-

In the result, this complaint is allowed in part.  Accordingly, 2^nd and 3^rd Opposite Parties are jointly or severally directed to rectify the defects found in the Samsung LED TELEVISION-40J5300-363PBGA04543 within one month from the date of receipt of this order.  Further directed to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for causing mental agony and hardships due to the deficiency of service on the part of the 2^nd and 3^rd  Opposite parties and to pay a sum Rs.5,000/-(Rupees five thousand only) towards cost of litigation to the complaint.  In respect of 1^st and 4^th opposite party this Complaint is dismissed without cost.

The above amount shall be payable by the 2^nd and 3^rd opposite parties within two month from the date of receipt of the copy of this order failing which, this said amount shall carry interest at the rate of 9% per annum till the date of payment.

Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the president and pronounced by us in the open Forum on this 11^th January 2019.

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       MEMBER-II                             MEMBER-I                              PRESIDENT

List of document of the complainant:-

List of document filed by the 3^rd opposite party:-

-Nil-

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MEMBER-II                         MEMBER-I                                    PRESIDENT