Delhi

East Delhi

CC/529/2016

RATIKA G - Complainant(s)

Versus

CHOICE ELECTRONIC - Opp.Party(s)

03 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO  529/16

 

Mrs. Ratika G. Bhagchandani

W/o Ghanshyam J. Bhagchandani

I- 131-D, Lalita Park, Laxmi Nagar,

 Delhi110092

…Complainant

Vs.

 

1.  M/s Philips India Ltd. C/o M/s Videocon

296, Phase-II, Gurgaon (Haryana)      

 

2.  M/s Philips India Ltd./ Pearl Electronics

A-12, Ganesh Nagar Complex,

Pandav Nagar, Delhi- 110092

…Opposite party

 

Date of Institution: 01.10.2016

Judgement Reserved on: 03.04.2019

Judgement Pronounced on: 09.04.2019

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

Judgement

The present complaint has been filed by Mrs. Ratika G. Bhagchandani, the complainant against M/s Philips India Ltd. C/o M/s Videocon, (OP-1) and M/s Philips India Ltd./ Pearl Electronics (OP-2) with allegations of unfair trade practice and deficiency in services.

The dispute goes back into September, 2014 where the complaint under CC No. 887/2014 was filed on 20.09.2014 and order dated 06.06.2016 was passed by this Forum where:

“OP was directed to replace the faulty SSB card of Philips 32” LCD within 30 days from the receiving of this order and give one year extended warranty  from the date of handing over the said LCD TV in working condition to the complainant. If OP fails to exchange then OP will pay the cost of SSB card/ Mother Board of the same product alongwith 9% interest from the date of filing this complaint till realization. OP will also pay compensation of Rs. 10,000/- which will include the cost of mental pain, harassment in addition of Rs. 2,000/- as litigation charges.”

Now, the present complaint has been filed under CC No. 529/16, wherein the complainant has stated that OP in compliance of the order passed by this Forum in CC NO. 887/14 had visited the complainant’s home but instead of handing over the repaired LCD after replacing the SSB card in working condition as ordered issued a fresh job sheet of date 02.07.2016 with the remark “Panel defect” and shared an estimated cost of repairs as Rs. 13,676/-. It has been averred by the complainant that the said panel defect was deliberately not disclosed by OP in the earlier job sheet issued in 2014. The fact that there was defect in the panel surfaced after order was passed by this Forum, the complainant has filed a fresh complaint, since, OP has failed to hand over the LCD in working condition as directed by this Forum. It has been further submitted by the complainant that OP had paid Rs. 15,319/- vide cheque no. 348796 dated 07.09.2016. Hence, the present complaint with prayer for directions to OP to issue service report against each complaint and provide final estimate; to repair/ replace panel defect etc. to bring the LCD in working condition alongwith one year pending warranty, damages of Rs. 5,000/- for rendering the LCD unused for years, Rs. 24,000/- being double the quantum of compensation and litigation expenses awarded in the previous complaint.

Complainant has annexed authority letter in favour of her husband            Shri Ghanshyam J. Bhagchandani, copy of the complaint in CC No. 887/14, invoice dated 21.09.2011, copy of order in CC No. 887/14 of date 06.06.2016 alongwith envelope, job sheet dated 02.07.2016, e-mail dated 20.04.2014 and 30.07.2016, copy of the cheque issued by OP in compliance of the order passed in CC No. 887/14, letter of satisfaction dated 12.09.2016.

Notice was issued to the OPs but neither did they put appearance nor filed any reply to the complaint, hence, they were proceeded ex-parte.

Ex-parte evidence was filed on behalf of complainant by way of affidavit where she has deposed on oath the contents of her complaint and has placed reliance on the documents annexed with her complaint. She has also filed e-mails dated 24.11.2018 and 06.07.2018 wherein OP has been informed regarding pendency of the complaint.

We have perused the material placed on record. The complainant has approached this Forum for compliance of order passed by this Forum on 06.06.2016 in CC No. 887/14, wherein there were specific directions to replace the faulty SSB card and hand over the LCD in working condition. From the perusal of the file and the earlier order passed by this Forum, it seems that the LCD had not been working at the time of institution of the complaint on 20.09.2014. Thus, there was no occasion that the said panel defect could have arisen due to use by the complainant, therefore, the averments of the complainant that the exact defect/ problem in the said LCD was not correctly reported in the job sheet cannot be doubted. Further, the allegations made by the complainant have remained unrebutted as OP was ex-parte. Hence, we direct OP to handover the LCD in working condition after removing all the defects within 30 days from the receiving of this order as ordered in the order passed by this Forum dated 06.06.2016. Since, the complainant was forced to approach this Forum again on the technical grounds we award compensation of Rs. 5,000/- to be paid within the time stipulated above. Else, it shall carry interest @7% per annum from the date of order till realization.

Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

 (HARPREET KAUR CHARYA)                                                             (SUKHDEV SINGH)

   Member                                                                      President