DATE OF FILING- 7.1.2013
DATE OF DISPOSAL-22.1.2014
O R D E R
Mrs.M.Pradhan,Member
The case of the complainant in a nutshell is that the complainant purchased a 81 CM Samsung LCD Colour Television having Model No.LA32C480 and Serial No.MPM73PBZC00671R from the Opposite Party No.3 on 13.1.2011 on payment of Rs.34,900/-(Rupees thirty four thousand nine hundred) vide Retail Invoice No.ME/2011/264 dated 13.1.2011. The above television was having one year warranty against any defect arising out of faulty or defective or workmanship along with extended warranty period of one year. It is the case of the complainant that during the warranty in force the above television set started
giving trouble like a thin horizontal line was coming at the bottom of the screen. The complainant reported the matter to the Opposite Party No.2 who deputed their service engineers who also found such defect and could not able to rectify it. Again the complainant registered a complaint before O.P.No.2 vide its No.8428944490 and on receipt thereof the Opposite Party No.2 deputed its Engineers who examined the LCD TV and told to the complainant that the LCD was having manufacturing defect and this type of problem is found rare in the LCD. However, inspite of their best efforts, the above LCD TV was not rectified. The complainant, in the meantime, approached several times for either rectify the TV or to replace it with a new one, but the Opposite Parties remained callous in the matter. Even service of a legal notice through her Advocate on dated 19.12.12 did not yield any result. The said disputed TV is lying non-functional with the complainant since 22.1.2.2012. Hence, this case for refund of the price of the LCD TV of Rs.34,900/- with compensation and cost of litigation of Rs.30,000/- as a whole. In support of the case of the complainant, copy of certain documents are filed which are marked as Annexure 1 to 6/1 respectively.
2- Upon notice the Opposite Parties did neither appeared nor filed their written versions. Therefore, the Opposite Parties were set ex-parte on dated 12.6.13 and 16.5.13 respectively. On the date of hearing, the case is heard from the learned counsel appearing for the complainant.
3- We have gone through the case in detail and perused the written arguments along with documents as filed on record on behalf of the complainant. The Retail Invoice No.ME/2011/264 filed on record clearly reveals that the complainant has purchased the 81CD Samsung LCD Colour Television bearing Model No.LA32C480 and Serial No.MPM73PBZC0067IR for a sum of Rs.34,900/-. It is also clear as revealed from Annexure-1 that the said LCD TV was having one year warranty against any defect in workmanship along with extended warranty period of another one year. According to the complainant, the said TV was found defective soon after installation and the matter was informed to the Opposite Party No.2,the authorized Service Centre of Samsung TV. The complaint No.8428944490 followed by Advocate Notice dated 19.12.2012 corroborate the pleadings of the learned counsel for the complainant that the disputed TV was having malfunctioning soon after its installation. It is contended that the Service Engineer of Opposite Party No.2 attended the complaint but could not able to rectify it due to manufacturing defect in the said T.V. Moreover, the Opposite Parties remained ex-parte even after receipt of notices of the Forum and did not contest the case. Under this circumstance, we are to believe that there is
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force in the complaint of the complainant. Therefore, the complainant is entitled to get refund of the price of the TV since the Opposite Parties did not take any steps either to rectify the defect or to replace the LCD TV since 22.12.2012. Under these circumstances, we are not inclined to allow any compensation in favour of the complainant as claimed.
4. In view of the above findings, we allow the case of the complainant in part and direct the Opposite Parties to be liable to pay jointly and severally a sum of Rs.34,900/-(Rupees thirty four thousand nine hundred) to the complainant towards the cost of the LCD TV, as discussed above within 30 days from the date of receipt of this order. In the event of non-compliance of the order, the entire amount of Rs.34,900/- would carry interest at the rate of 9% per annum thereafter. The complainant is at the same time directed to hand over the defective LCD TV in question to the Opposite Parties on receipt of price of the LCD TV from the Opposite Parties as ordered above.
The case is accordingly disposed of with an order of Rs.1000/- as cost of litigation to be paid by the Opposite Parties to the complainant within the above period. Copy of the order be furnished to the parties free of cost.
Dictated and corrected by me on this 22nd day of January,2014.
Sd/-Dr. N.Tuna Sahu Mrs.Minati Pradhan
I AGREE(MEMBER) MEMBER
