Punjab

Fatehgarh Sahib

CC/69/2019

Satnam Singh - Complainant(s)

Versus

Consulting Room Pvt Ltd - Opp.Party(s)

Sh M K Garg

03 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.                                                               

Complaint No. 69 of 2019

                                                                   Date of Institution:21.10.2019

                                                                   Date of Decision: 03.08.2022

 

Satnam Singh aged about 37 years S/o Sh. Karamjit Singh, R/o Ward No.3, Amloh, Tehsil Amloh, Distt. Fatehgarh Sahib.              …………....Complainant(s)

                                                Versus

1. Consulting Room Pvt. Ltd. (Flipkart) Wherehouse Address: Acom Wherehouse and Logitech Park, Wherehouse W7, Khasra No.50, Rect.6/2 and more, Village Kapriwas And Malpure, NH-8, Tehsil Dharuhera, Distt. Rewari Gurgaon Haryana, through its incharge and responsible person.
2. BU TV India, Head Office: BU Technology Pvt. Ltd. VU Television, BU Centre 29, MIDC Central Road, Andheri Mumbai East-400093 India, through its incharge and responsible person.
3. J.C. Electronics, Aarti Complex, Near TV Hospital, VU LED Service Centre, Patiala.                                                ..………........Opposite Party(s)

 

Complaint under Section 12 of Consumer Protection Act 1986

 

Quorum

Sh. Pushvinder Singh, President

Ms Shivani Bhargava, Member

 

Present:Sh.M.K. Garg, Counsel for Complainant.

              OPs Ex parte

 

Order By

Pushvinder Singh, President

1.                  The present complaint has been filed by the complainant(hereinafter referred to as ‘CC’) against the opposite parties (hereinafter referred to as “OPs”) with a prayer to direct the OPs to replace the LED with new latest model of LED or refund the amount of LED and also to direct the OPs to pay Rs.50,000/- as damages/compensation for mental agony & harassment and to pay litigation expense.
2.                The CC alleged that on 22.10.2016, he purchased a brand new LED VU 127 cm(50) Ultra HD 4K Smart LED T.V. from online website for a consideration of Rs.44,541/- including tax against Tax invoice dated 22.10.2016 (Ex.C-1) and the same was delivered to the CC on 27.10.2016. CC alleged that the said product was under three-year warranty which was also printed on the manufactured box and the OPs assured the CC that they shall provide the services at site/home in case of any problem in the product sold. CC alleged that soon after purchase of the said LED, it surfaced the manufacturing defect and it was not working as per the standards offered by the OPs and CC complained to the office of OPs for replacement of the same. An engineer of the OPs visited the residence of the CC and after detecting the defect, they took away the said LED with assurance to return the same and after some time the officials of the OPs placed the Led at the residence of the CC after repairing the same but the problem was not solved. Then the CC again complained about the problem to the OPs and the OPs replaced the LED with new one on 20.02.2018 with same model. But the replaced LED was also not running properly and the CC complained the OPs and  requested to replace the LED with other model of LED, but the OPs did neither remove the defect nor replace the LED.
3.                   Notice was given to the OPs but they did not turn up and proceeded against Ex parte.
4.                   CC in his evidence has furnished his affidavit in support of the complaint, reiterating the facts contained in the complaint as Ex.C-1/A and he has also produced the copy of invoice/bill dated 22.10.2016 as Ex.C-1, copy of warranty term printed on manufactured box as Ex.C-2, copy of emails from OPs as Ex.C-3, Ex.C-4/A, Ex.C-4/B, Ex.C-5, copy of order detail as Ex.C-6, copy of SMS as Ex.C-7.
5.                We have heard the counsel for the party and have gone through the file.        
6.                CC has proved the email to show that CC complained to the OPs that the LED was not working properly and the LED was having three years warrantee. Another email has been proved to show that an Engineer of OPs visited the residence of CC and detected the defect and the Engineer repaired the LED but even then, the problem was not solved. Then OPs replaced the LED with new one on 22.02.2018 having same model. The replaced LED was also not running properly as the OPs delivered the defective piece of said LED to the CC. Then CC again requested the OPs to replace LED but the OPs did not pay any heed to the genuine request of the CC. The LED was in a warrantee/guarantee period and was also insured. All copies of emails have been proved as Ex.C-1 to C-7. There is no rebuttal to the evidence produced by the CC as OPs did not come forward to contest this complaint and as such, we are of the considered opinion that the OPs are liable to replace the LED with new one of the same model or any other model having same price or the OPs should return the price of LED.
7.                     In view of our aforementioned discussion the complaint is allowed partly ex parte and the OPs are directed to replace the LED which was replaced by the OPs with new one on 20.02.2018 having the same model or of other model having same price or in alternative the OPs are directed to return the price of LED i.e. Rs.44,541/-. The CC must have suffered physical and mental agony/harassment, so, OPs are also liable to pay compensation in this regard and also liable to pay litigation expense. Accordingly OPs are directed to pay consolidated amount of Rs.15,000/- towards compensation for mental & physical harassment and litigation expenses. Compliance of this order be made within a period of 45 days. The complaint could not be decided within a specific period as provided by the statute due to rush of work and large pendency.  Copy of this order be sent to the CC and the OPs as per rules. File be indexed and consigned to record room.

Announced:

1.  

 

(Pushvinder Singh)

                                                                              President

 

 

 

(Shivani Bhargava)

                                                                              Member