DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUBARNAPUR
C.C. No.05 of 2018
1. Research Academy for Rural Enrichment (RARE) represented by its representative, At/P.O./P.S. Sonepur, District – Subarnapur.
2. Gatikrushna Karna, S/o. Late Padma Charana Karna, aged about 42 years, Occupation – Cultivation, R/o. Ratakhandi, P.O. Tundumal, P.S. Manamunda, District - Boudh
………….. Complainants
Vrs.
1. Samsung India Electronics Pvt. Ltd., 20th to 24th Floor, Two Horizon Centre, Golf Course Road, Sector – 43, DLF PH-V, Gurgaon – 122202, Haryana, INDIA.
2. Satyam Electronics, Sonepur, Bus Stand Sonepur, At/P.O./P.S. Sonepur, District - Subarnapur.
………….. Opp. Parties
Advocate for the Complainant …………. Sri S.P. Bishi
Advocate for the O.P. No.1 …………. Sri M.N. Sharma
Present
1. Sri U.N.Purohit, President
2. Sri H.Padhan Member
Date of Filing Dt.06.04.2018
Date of Hearing Dt.01.02.2023
Date of Order Dt.10.02.2023
J U D G E M E N T
By Sri U.N.Purohit, P.
The complainant files complaint U/s.12 of the Consumer Protection Act 1986 claiming compensation of Rs.20,000/- towards deficiency of service, mental agony, Rs.10,000/- as cost of litigation etc. and refund of the cost of the T.V. or replace the TV without any additional cost.
The brief fact of the complaint is that the complainant No.2 is the authorized complainant No.1 to conduct the case. The complainant No.1 is voluntary organization working for consumer welfare. The complainant No.2 purchased one Samsung LED TV vide Model No.UA24H4003RMXL & Sl. No.OAOY3ZNJ225851D from O.P. No.2 on 13.04.2017 vide Bill No.116 dt.13.04.2017 by payment of cash Rs.12,500/-. The O.P. No.2 had given customer details cum warranty card to the
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complainant No.2 in respect of purchase of the above T.V. The complainant No.2 used the T.V. and on 05.09.2017 white patches appeared on TV Screen. Immediately the complainant, complaint the same to O.P. No.2. The O.P. No.2 contacted customer care and given complaint No.3721491311 to the complainant. The mechanic deputed by O.Ps. concern visited the house of complainant No.2 on 19.09.2017 and got repaired the same. On 27.10.2017 again bigger then earlier white patches on TV Screen were appeared, complainant No.2 immediately contacted O.P. No.2 again complaint was registered bearing complaint No.4248354187. The mechanic was deputed by the O.Ps. who tried and failed to repair the defect and opined the TV is having manufacturing defect which cannot be repaired. The opinion of mechanic was conveyed to O.P. No.2. The O.P. No.2 directed the complainant No.2 to deposit the TV in his shop for further compensation and replacement of TV. Inspite of several request and visit the shop of O.P. No.2 failed to replace or rectified the defect of the TV till date. Complainant served pleader notice but the O.ps. not replied to the same. The O.Ps. are indulge unfair trade practice and not providing proper service they are taken TV from the complainant No.2 and putting unnecessary harassment to the complainant which prima facie disclose deficiency in providing service. For the act of the O.Ps. the complainant sustained mental agony harassment and financial loss. The cause of action arose on the date of purchase and date of second time repair i.e. 27.10.2017 when the mechanic failed to remove the defect. In support of his claim the complainant has filed warranty card and cash Memo issued by the O.P. No.2. In support of his claim and also filed affidavit supporting the claim and prove the case.
On the other hand the O.P. No.2 inspite of notice not filed version and set exparte on 13.12.2022. The O.P. No.1 appeared through one Ananda Bose who filed his version and evidence by affidavit denying the manufacturing defects and about any mal functioning and in version he has admitted that the TV set is well known product in market and carries warranty against any mal function in TV set which
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means the product shall be repaired free of cost up to one year from the date of purchase if any troubles found. He is also admitted that the complainant has lodged complaint regarding white patches appeared on 05.09.2017 and denied the same. But he admits that the service center received complaint regarding the display of the said LED TV on 27.09.2017 for the first time and that had been damaged due to mishandling/misuse by the complainant, the display of said TV is broken so any repair would be done on chargeable basis only. The service engineer given repair estimate to the complainant which was not approved by the complainant and the complainant filed this case. The claim of the complainant is basing on false and fabricated story with a malafide intention for refund of the TV set. The O.Ps. never render any deficiency of service rather the product has been placed to make after several test by the service engineer and it was not any defect by the time of sale.
The O.Ps. in support of their version the product was in good condition and damaged due to mishandling and misused by the complainant, no supporting documents or evidence filed by the O.Ps. Further the so called estimate of service engineer who intimate the complainant about damages due to mishandling not filed.
On going through the complaint petition, version filed by the O.P. No.1, supporting documents filed by the complainant as well as Affidavit we are come to conclusion that the complainant has success to prove his case by adducing evidence Affidavit and documents i.e. warranty card and bill/Cash Memo as well as admission by the O.Ps. regarding damaged of the product within the period of one year and the O.Ps. at the pretext of mishandling and misuse failed to provide proper service and compensation to the complainant for defective goods which they have sold.
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So we are directed the O.Ps. replace a new TV set without additional cost or in alternate refund Rs.12,500/- to the complainant with 12% interest from the date of purchase. Further we directed the O.Ps. to pay Rs.5000/- towards compensation and Rs.1000/- towards cost of litigation. Complaint is partly allowed. This order be comply within one month from the date of order failing which the penal interest of 10% will be charged till realization of award amount.
Applications pending, if any, stand disposed of in terms of the aforesaid judgment. A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the commission for perusal of the parties. File be consigned to record room alongwith a copy of this judgment.
Dated the 10th day of February 2023
Typed to my dictation
I agree. and corrected by me.
Sri H.Padhan Sri U.N.Purohit
Member President
Dt.10.02.2023 Dt.10.02.2023
