DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi- 110016

Case No.418/2016

SH. ARUN KUMAR UPADHYAY

R/o House No.120 Block –I,

Gali No.3, Jaitpur Extn-I,

Jaitpur,  Badarpur,

New Delhi-110044

….Complainant

Versus

M/S PANASONIC INDIA PVT LTD.

Through its Managing Director

135, First Floor, Nagi Reddy Thottam

Thiru, VI Ka. Industrial Estate,

Ekkattuthangal, Chennai-600032

M/S ELECTRONIC CITY

Through Its Proprietor/Partner

D-77, Malviya Nagar,

Lower Ground Floor

New Delhi-110017

        ….Opposite Party

            Date of Institution    :    19.12.2016    

            Date of Order            :    05.04.2022  

Coram:

Ms. Monika A Srivastava, President

Ms. Kiran Kaushal, Member

Sh. U.K. Tyagi, Member

ORDER

President: Ms. Monika A Srivastava

The complainant has filed the present complaint seeking Rs.62,000/- towards cost of LED along with interest at 4% per annum from the date of invoice till realization along with Rs.1,00,000/- on account of compensation for mental harassment, physical torture and mental agony and Rs.25,000/- towards litigation expenses.

The facts of the case are that the complainant purchased Panasonic LED THL42ET5D which was manufactured by OP No.1 on 26.10.2013 vide invoice no. 729/13-14. It is the case of the complainant that he started noticing problems in the TV within first week of its purchase and duly intimated OP-2 but despite the best efforts, the problem of the LED could not be rectified.

In his evidence, the complainant has stated that this Panasonic television was having warranty of 3 years and it was represented to him that in case of any manufacturing defect, the same shall be replaced. The copy of the invoice is exhibited as CW 1/1. It is further stated in the evidence that he intimated OP No. 1 and 2 vide complaint dated 23.07.2015, 03.12.2015 and 16.12.2015 however the problem of the said LED could not be rectified, the said complaints are exhibited as CW 1/1 to CW1/3 (colly).

It is further stated by the complainant that though the OP No.1 admits the defects in this said LED however OP have refused to replace the same. It is on this account that OP No.1 and 2 are liable jointly and severally to replace the LED as well as damages.

OP is ex-parte vide order dated 13.04.2017. The OP, in their reply to the legal notice and vide a letter dated 06.01.2016 have admitted that there was a problem with the motherboard of the LED and have offered to replace the said LED after deducting 25% on account of depreciation since the complainant have used the said LED for two years. There is also an undated letter on record by one Area Service Manager where it is claimed that the defective part was arranged but since there was no confirmation of appointment from the complainant, the issue could not be resolved. The veracity of this email/letter is under a cloud.

This Commission have carefully gone through all the documents on record and it is noticed that the complainant has not advanced his claim of three year warranty even in his legal notice sent to the OP. It is also observed that the Complainant has not even supported his contention that the said LED was giving trouble in the first year of purchase with any evidence. Considering all the relevant documents and averments of the complainant filed on record, this Commission is of the view that since the OP has conceded to the defective motherboard in the said LED, it would be just and fair for the OP to return
Rs.50,000/- to the complainant as against Rs.62,000/- being the cost of the LED which the complainant has used for two years indisputably. The complainant is directed to return the defective LED to the OP in lieu of Rs.50,000/- within a period of three months from the date of this order. The handing over of the LED by the complainant should be done simultaneously with the handing over of the cheque of Rs.50,000/- by the OP at a mutually agreed place. The complaint in these terms partially allowed no order as to costs.

File be consigned to the record room after giving a copy of the order to the parties as per rules. Order be uploaded on the website.