Orissa

Jajapur

CC/125/2020

Sri Nimainn Charan Kuanr. - Complainant(s)

Versus

Arear Manager,Video Con T.V. Customer Care. - Opp.Party(s)

10 Dec 2021

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JAJPUR.

                                                        Present:    1.Sri Pitabas Mohanty, Member,

                                                                          2.Miss Smita Ray,  Member(w).                      

                                                      Dated the 10th day of December ,2021.

                                                      C.C.Case No.125 of 2020

Sri Nimain ch.Kuanr ,  

P.O/P.S/Via- Mangalpur,  

 Dist.-Jajpur.

                                                                                                                            …….. Complainant.

                                                (Versus)

1.  Area Manager, VIDEO Con T.V,Customer Care, M G mail,customer

Care @ Vgmail.in

2.  Raj Electronics,Cuttack Branch Royal Tower,Madhupatana

Cuttack.

                                                                                                                            ………….O.Ps.

For the Complainant:                         Self

For the Opp.Party: No.1 and 2           None                                                                                 

                                                                                                         Date of order:  10.12.2021

SHRI PITABAS MOHANTY , PRESIDING MEMBER

            The petitioner filed the present dispute alleging deficiency in service on the part of the O.ps.

            The facts as per relevant of the complaint petition  shortly are  that  the petitioner purchased a videocoon 50 inch UAD LED T.V   in the name of his relative  Mr. Santosh ku.Prusty Bikas nagar,Badambadi ,Cuttack from O.P.no.2  paying the cost  amounting to  Rs.39,000/- .  on 22oct,2017   This led T.V  provided 3 years warranty from the date of purchase  . But  from  last 6 months back the Led TV  became technical problem time to time like picture tube (panel board) did not functioning  well .Thereafter the petitioner lodged complain before the o.ps and the  representative and authorized center visited the house of the petitioner and examined the led T.V   but did not rectify the problem of the led T.V .Accordingly finding no other alternative the petitioner knocked the door of this commission to direct the O.Ps to replace the panel of the led T.V  and compensate him Rs.25,000 /- for mental agony and harassment.

            The notice though  was duly served on the O.ps but the O.Ps neither appeared nor contested the dispute by  filing written version / objection .Accordingly this commission vide order dt.25.3.21   declared as set exparte   the o.ps.

            On the date of hearing we heard the argument from the learned advocate  from the petitioner. After perusal of the record and documents in details  it is undisputed fact that the petitioner  purchased a Led T.V  from O.P.no.2  by paying the cost  amounting to  Rs39,000/  as per invoice issued by the O.P.no.2 vide invoice No.RR-CC-050  dt.22 oct,2017 .

2. There is no other  opportunity remain before  this commissions without accepting the uncontroverted  statement mentioned in the  complaint petition because the o.ps after receiving the notice  neither appeared nor filed the written version / objection .Hence this commission lost every opportunity to heard from the side of the O.Ps against  the complaint raised by the petitioner in the complaint petition as per  observation  of Hon’ble Odisha  State Commission reported in 2003-CLT-Vol-96-p-15 .C.D.Case No.37/02  wherein it is held that:

In absence of written version by the O.P, the  Commission is bound to accept the uncontroverted statement of the complaint petition.”

And

2013(1)CPR-507-N.C ,wherein  it is held that:-

            “In case written version not filed after several opportunity,   it has no defence on merit.”

Hence this Order

            The dispute is allowed against the O.Ps as exparte .The O.Ps are directed to replace the panel board of the alleged LED T.V set along with compensation of Rs.5,000/- to the petitioner within one month after receipt of this order, failing which the petitioner can take steps as per law.

        This order is pronounced in the open commission  on this the 10th day of December,2021. under my hand and seal of the Commission .