BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.430 of 2014

Date of Instt. 03.12.2014

Date of Decision :26.02.2015

Kashmir Singh aged about 36 years son of Gurbakhash Singh, R/o 424/4, Mohalla Santokhpura, Hoshiarpur Road, Jalandhar through attorney Gurbakhash Singh son of Fateh Singh R/o 424/4, Mohalla Santokhpura, Hoshiarpur Road, Jalandhar.

..........Complainant

Versus

1. Ajay Electronics, Near S.D. Public School, Santokhpura, Jalandhar through its Prop./Partner/Authorized Representative.

2. Global Brands Enterprises Solutions Pvt.Ltd, Plot No.97, Sector-44, Gurgaon-122002 through its Director/Authorized Representative.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Complainant in person.

Opposite party No.1 exparte.

Opposite party No.2 given up by complainant.

Order

J.S Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, against the opposite parties on the averments that the complainant purchased an LED 32" of Akai Brand from opposite party No.1 vide bill No.1049 dated 20.11.2013 for Rs.25,000/-. 12 months warranty was given for above said product. At the time of sale of above said product, the opposite party No.1 told and assured the complainant that in case of any defect or problem if arisen in the said LED, the defect would be removed immediately, if any part is found defective, the same would be replaced free of cost. Within warranty period the above said LED became out of order. The complainant lodged complaint with opposite party No.1 and requested to put in order the said LED as soon as possible. On 30.10.2014 the opposite party No.1 sent their mechanic to the house of complainant who checked the LED and after check up he told the complainant that its Card has damaged and the same is liable to be replaced. He further told the complainant that the card is not available with opposite party No.1 so, it would be arranged from out side which would take some time for replacement. Then the complainant approached opposite party No.1 who gave toll free number of opposite party No.2 and advised the complainant to talk with them in this regard. The complainant made telephonic call to opposite party No.2 on their toll free number. The opposite party No.2 told the complainant that it would take 10-12 days for replacement of the card. But more than one month has elapsed but no person from opposite parties No.1& 2 came to rectify the fault. On such like averments, the complainant has prayed for directing the opposite parties to put the said LED in order and replace its defective parts or in the alternative to replace the LED with new one or to return its cost. He has also claimed compensation and litigation expenses.

2. Upon notice, opposite party No.1 did not appear and as such it was proceeded against exparte.

3. Opposite party No.2 was given up by the complainant. His statement in this regard was recorded separately on 19.2.2015.

4. In support of his complaint, complainant has tendered affidavit Ex.CA alongwith copies of documents Ex.C1 and Ex.C2 and closed evidence.

5. We have carefully gone through the record and also heard the complainant in person.

6. The complainant purchased the LED in question from opposite party No.1 for Rs.25000/- vide retail invoice dated 20.11.2013 Ex.C1. It is in the affidavit Ex.CA of the complainant that within warranty period the above said LED became out of order and he lodged complaint with opposite party No.1 and requested to put the said LED in order as soon as possible. It is further in his affidavit that on 30.10.2014 the opposite party No.1 sent their mechanic to his house who checked the LED and after check up he told the complainant that its Card has damaged and the same is liable to be replaced and further told him that the card is not available with opposite party No.1 so, it would be arranged from other side which would take some time for replacement. It is further in his affidavit that the complainant made telephonic call to opposite party No.2 on their toll free number and opposite party No.2 told him that it would take 10-12 days for replacement of the card but more than one month has elapsed but no person from opposite parties No.1& 2 came to rectify the fault. It is further in his affidavit that the said LED is lying dead till date. So LED purchased by complainant from opposite party No.1 became out of order within warranty period and during warranty period, he approached the opposite party No.1 but opposite party No.1 or opposite party No.2 failed to rectify the defect. During warranty period the dealer is bound to attend the customer and to rectify the defect. In Balaji Motors Vs. Devendra & ANR, II(2013) CPJ 534(NC), the Hon'ble National Commission has held as under:-

"We have examined the material on record and given a thoughtful consideration to the arguments advanced before us. Vide impugned order passed by the State Commission, it has only been stated that since the complaint was made to the dealer within the warranty period, it was the duty of the dealer to attend to the same and repair the vehicle. The petitioner was directed to repair the vehicle to the satisfaction of the appellant within three months. We do not find anything wrong with this order. If the vehicle is presented before the dealer within the warranty period, it is his duty to attend to the complaints, if any, and rectify the defects to the satisfaction of the complainant. In case, the dealer thinks that there is no defect in the vehicle, it can give a certificate to this effect that the vehicle is fit from all angles. Such a certificate shall be open to scrutiny by any expert/specialized agency. However, the dealer can not escape his responsibility of attending to the complaints if made before it during the warranty period".

7. The ratio of this authority is fully available on the facts of the present. The opposite party No.1 has not come present to contest the claim of the complainant.

8. In view of above discussion, the present complaint is accepted and opposite party No.1 is directed to rectify the defect in the LED in question of the complainant free of cost within 15 days from the date of receipt of copy of this order. The complainant is awarded Rs.2000/- in lump sum on account of compensation and litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

26.02.2015 Member Member President