SRI P.K.PANDA,PRESIDENT …     The factual matrix of case is that, the complainant had purchased a TV Mi LED TV 4A 43 inch having its serial no.16940/380037729 on dated 3.11.2018 which was ordered on 25.10,2018 through one of his friend,who is an online expart procured from OP-1 for Rs.21,999/-. He contends that the TV he left at the house of his relatives at Jeypore as his village has network problems.But within two months of  its use the LED reported problems like screen blinking,hang,some times WIFI connection issues etc. So the complainant approached the customer care of OP-1 through toll free number on dt.28.1.2019 at about 10.02 p.m. and dt.30.1.2019 at about 2.52pm as a result of which the OP-1 issued a complaint regd.no.R48586 and later deputed the OP-2 who tried to rectify the defect but failed to do so. He later repair issued a job sheet and said that the TV is OK but after that the same problems accrued with the TV as it was in previous. So the complainant a lot of times requested the OP-2 who did nothing accept false assurances to visit. The complainant approached the OP-2 personally and averred the problems who says that as it is in valid warranty period,use it for some months and inform when it became totally defect. Accordingly the complainant facing problems in goodwill gesture used the same for some extra period. Thereafter the complainant again requested the OP-2 over phone but all his efforts were in vain. Hence the complainant finding no other way again approached the OP-1 through phone requesting to replace the defective LED or pay its cost but the entire efforts became futile. The complainant being an educated unemployed purchased the product from his hardearns but due to high handed and arbitrary actions of Ops he inflicted huge financial losses and valuable times as well as facing unrest in his family till yet due to inaction of Ops,hence contends that he harassed due to the deficiency in service by OP,so prayed to direct the OP-1 & 2 to pay the cost of the LED and Rs.50,000/- as compensation and Rs.10,000/- towards cost of litigation to evaluate the losses.

 2.        The counsel for OP-2 is filed factual back ground, counter version and  evidence by ay of affidavit  along with some related documents in the case and stated that, the contents of paragraphs in the complaint are vehemently denied for being false, frivolous and concocted to unnecessarily harass the Respondent No.1 and the complainant is put to strict proff of the averments made in the paragraphs . It is most respectfully submitted that the complainant’s allegations regarding deficiency of service also lack any basis and are entirely unattainable. Additionally, the complainant has not provide any evidence regarding any defect in the product or deficiency of service on part of service centre. t is therefore clearly established that the complainant has provided false information in  the complaint to mislead the Hon’ble Commission unnecessarily harass the Respondent No.1 by filling this false, frivolous, concocted and misleading complaint.

3.         The OP-1 is absent since long after availing so many adjournments. Hence, he set exparte.

4.         The complainant has filed the retail invoice, job card in support of his claim. The counsel for OP-2 has filed counter. The counsels for OP-2  have been heard the case at length and the submissions considered.

5.         It reveals from the record that, the complainant has filed nothing except a retail invoice, job card of the said product. On absence of any evidence, this commission’s is not able to proceed with the case further in view of  proper adjudication . As the Complainant is absent since long after availing ample opportunities to prove their case . Thus, the allegation of deficiency in service on the part of OP. s does not stand proved by the complainant, hence the claims leveled by the complainant is here by dismissed and order as to no costs.

(Pronounced on this the 19th day of Jan' 2024).

Sd/-                                                     Sd/-

      MEMBER                                        PRESIDENT

Memo No.___________/                                 Dated__________/2024

              Copy to the party concerned.

                                                                                                         President

                                                                                    Dist.CDRCommission,Nabarangpur