District Consumer Dispute Redressal Commission, West Singhbhum at Chaibasa

C.C. No.22/2018

Sachin Kumar Paswan…………..…………………………………Complainant

Vrs.

Customer Service Head, Sony India Pvt. Ltd. ……………………..O.P. No.1

R. B. Enterprises Chaibasa………………………………………….O.P. No.2

Advocate of the Complainant……………………None (Complainant himself)

Advocate of the Opposite Party …………………None (Ex-Parte)

Chaibasa, Dated: …17^th February 2022

JUDGMENT (Ex-Parte)

     This case has been filed by Complainant against O.P. No.1 and 2 for an award of Rs.31000.00 interest thereon and Rs.60000.00 for physical, mental and economical harassment against O.P. for deficiency of service.

     Briefly stated case of the complainant Sachin Kumar Paswan son of Ramanand Paswan resident of PWD Campus Tungri District West SinghbhumChaibasa is that he purchased the one set of LED Television of Sony Company size 32 inches known as Smart Television from R.B. Enterprises, Hero Motocorp Building Town Club Chaibasa after paying Rs.31000.00.  Further that after some time the LED Smart Television started giving trouble because his mobile set was not being connected from the LED Smart Television.  Further that as per norm, service provider is deputed by Sony Company separately.  So, he made complaint on the helpline number 18001037799 for which service report id is 48805081.  Further that complainant was informed by the Company that defect will be remove through the engineer who will visit at the home of complainant.  Further when no any engineer visited and defect was not removed then he again made complaint to the Sony Company on 30.07.2018 for which service request id is 48982296 but he was not provided any service although, his LED Smart Television was under warranty, then again he was advised through consumer forum website that he should make complaint to Sony India at Email ID Address informing the fact that matter has been reported to consumer forum then 11.08.2018 he sent an Email informing the problem which has come in his LED Smart Television but no any step was taken on behalf of Sony Company then again he sent Email with information that if his LED Smart Television is not repaired or defect is not removed then he will be bound to take legal action against him.  Thereafter an engineer belonging to Sony Company visited at house of complainant on 25.08.2018 and checked the LED Smart Television and took 6 days time for defecting remove but neither LED Smart Television was repaired nor any service provided visited home due to such action of Sony Company and service provider he suffered physical, mental and economic harassment.  Thereafter instant case has been filed for required relief.

After admission of the case notice was issued to the O.P.  When O.P. did not appear despite issuance of notice and after several dates O.P. did not appear although case was fixed for appearance of O.P. then vide order dated 30.04.2019 proceeding of the case stood started ex-parte against O.P. and complainant was directed to adduce evidence in this case.

Complainant has adduced affidavited evidence and documentary evidence in support of complaint case.  Thereafter on the request of the complainant and petition filed by the complainant his documentary evidences were marked as exhibit in this case.

Since O.P. not appeared in this case and proceeding of the case has been ex-parte against them, so whatever evidences have been adduced on behalf of the complainant those evidences will be basis of finding in this case.

FINDING

     On perusal of case record we find that complainant has filed instant case against O.Ps for supplying him defective LED Smart Television set and further that despite several request made by the complainant to the O.P., his grievance has not been redressed by the O.Ps.  In the result after giving notice to the O.P. instant case has been filed in this Forum.

     In support of his case complainant has filed his affidavited evidence as well as original and photocopies of the documents which are as follows: -

1. Original Challan regarding Sony LED Smart Television (32 Inch) Model No.KLV32W512D, Serial No.8014272395I worth Rs.31000.00 (Exhibit 1)
2. Warranty Card issued against Television Model No.KLV32W512D. (Exhibit 2)
3. Grievance details dated 27.10.2018 raised by complainant to Sony India Pvt. Ltd. (Exhibit 3)
4. Grievance details dated 29.10.2018 raised by complainant to Sony India Pvt. Ltd. (Exhibit 4)
5. Email sent by complainant at the address of Sony India Care @ ap.sony.com dated 11.08.2018 (Exhibit 5)
6. Print copy of response given by Sony India on 11.08.2018 to the complainant (Exhibit-6)
7. Email given by the complainant 23.08.2018 to Sony India Care @ ap.sony.com dated 23.08.2018 (Exhibit 7)
8. Response by the O.P. Sony India Pvt. Ltd. 23.08.2018 to the complainant (Exhibit-7A)
9. Grievance details given by complainant to the O.P. dated 21.10.2019 (Exhibit 8)
10. Email given by complainant to NCH agent on 21.10.2019 (Exhibit 8A)
11. Grievance details submitted online to NCH agent (Exhibit 9 in three sheets)
12. Original book relating to Television model as well as operating instruction of Sony Television (Exhibit 10).

     Since O.Ps have neither appeared nor any written statements has been filed on their behalf, so in absence of any pleading of O.P., basis of the finding will be these documents which has been submitted by complainant in this case:-

     Complainant has categorically stated in his application regarding purchase of the Sony LED Smart Television for Rs.31000.00 from the R.B. Enterprises authorized dealer of Samsung Brand as well as Sony and these fact has been corroborated by the complainant in his affidavited evidence as well as from the original challan issued by the O.P. No.2 R.B. Enterprises (Exhibit 1).

     Further case of the complainant is that he purchased the Television on 22.11.2017 and after few date he tried to connect him mobile phone with above LED Smart Television then his mobile phone could not be connected in the Television Set i.e, screen monitoring displays.  In this regard he took help of helpline on Toll Free No.180010837799 and he was assured that his complaint will be attended by the expert engineer at his home but when within reasonable period his complaint was not attended through O.P. side with expert then he again made complaint to the Sony Company on different dates through email and service request ID and such complaint was made within the warranty period.  After giving strict warning to the O.Ps by the complainant one service engineer visited to the house of complainant and he assured that defect in Television will be removed within 6 days but despite passing of more than 6 days his grievance was not redressed by the O.P. then he filed instant case in this Forum showing deficiency of service.

     To corroborate and prove the above facts complainant has filed print copy of different dates regarding grievance details and response of the company which have been marked exhibit in this case from Exhibit 3 to Exhibit 9.  Original warranty card issued by the O.Ps in favour of the above mentioned Sony Television have been filed which is marked as Exhibit 2.  Lastly original book of Sony Television model as well as operating instruction have been filed which have been marked as Exhibit 10.

     On perusal of the above mentioned oral and documentary evidence it is crystal clear that complainant has purchased one LED Smart Television of the Sony Company from the R.B. Enterprises situated opposite Hero Motocorp Building Town Club Chaibasa on 22.11.2017 after paying Rs.31000.00 only and warranty card has also been issued to the complainant which is valid for one year from the date of purchase i.e, till 21.12.2018 and as per complaint petition and affidavited evidence the purchase of LED Smart Television he wanted to use screen mirroring through his mobile phone but the same could not be connected further on perusal of Exhibit 10 at Page No.27 we find that it has been mentioned that except model KLB32R412D other smart televisions can be operated or use features by miracast technology i.e, no wireless router (or excess point) is required to use this feature and method of operating the television has also been mentioned thereon.

     Since the complainant could not avail such facilities of marcast technology in his newly purchased Sony LED Smart Television Model No.KLB23W512D while it should be functional as per the Exhibit 10 Page 27, therefore he made complaint to O.Ps.

     Further such defect was detected by the complainant within warranty period and in this regard he made several correspondences through email to the O.Ps and defect of the Television could not be removed by the inspection of expert engineer, then complainant informed his willingness to lodge the case in this Forum and gladly O.Ps. has furnished address of Consumer Forum running at Chaibasa, that is clear from Exhibit 8A and Exhibit 9 and after furnishing the address of the Forum his grievance docket stood disposed of by the NCH agent of the O.P. and accordingly complainant was forced to file instant case before this Forum.

     After perusal of the above documents and keeping in view the above facts and circumstances we are of the considered view that one Sony LED Smart Television purchased by complainant from the O.Ps further that his Sony LED Smart Television was not functional as per the browser of the Sony Company regarding the Sony LED Smart Television.  It is more surprising that instead of removing the defect or attending the complaint raised by the complainant, complainant was shown option to file the case before the Consumer Forum at Chaibasa.

     In such circumstances we are further of the considered view the O.P. has not performed their duties rather there is clear cut deficiency of service caused by O.P. to the complainant.  Further the complainant is entitled to get relief in this case.

     It therefore

ORDER

     That the case is decreed (ex-parte) in favour of the complainant and O.Ps are directed to replace the functional Sony LED Smart Television to the complainant within one month from the receiving judgment failing which complainant will be entitled for the award of Rs.31000.00 @ 9% per annum from the date of judgment till final realization.  Further complainant is awarded Rs.5000.00 as litigation cost and Rs.4000.00 as mental and physical harassment compensation.

     Let copy of this judgment be sent to the O.P.No 1&2 through Speed Post or Registered Post with A/D and free copy to Complainant for their information and compliance.

                        Member                                                                              President

                   (Rajiv Kumar)                                                                (Vijai Kumar Sharma)