DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC – 132  of   2017

 

Bimal Debnath,

S/O- Late Harish Chandra Debnath,

Indranagar, Jagatpur,

P.S. New Capital Complex,

P.O. Abhoynagar, West Tripura. …........…...Complainant.

 

      -VERSUS-

 

1. Executive Services,

Benerjeepara, Krishnanagar,

P.S. West Agartala,

P.O. Agartala, West Tripura 

Pin- 799001. 

 

2. Akashbani Radio & Electronics, 

Central Road, Bisalgarh,

Sepahijala,799102.

 

3. LG Electronics India Pvt. Ltd. (Head Office),

Plot No. 51, Surajpur Kasana Road,

Greater Noida, Udyog Vihar,

Noida- 201 310. ........... Opposite Parties.

 

__________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. DR. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C o u n s e l

For the Complainant : Sri Goutam Giri,

  Sri Niladri Mukherjee,

  Advocates.

 

For the O.P. No.1 : Sri Haribal Debnath,

  Mrs. Uma Chanda,

  Sri Bappu Debnath,

  Advocates.

 

For the O.P. No.2 & 3 :   None appeared.   

 

 

JUDGMENT   DELIVERED   ON:  14.06.2018.

J U D G M E N T

This case arises on the petition filed by Bimal Debnath. Petitioner's case in short is that on 25.05.15 he purchased one LG TV LED 32 inches on payment of Rs.26,000/- from the O.P. No.2, Akashbani Radio & Electronics. After 2 years of the purchase the LG TV was not working. So he went to the service centre who after examination stated that there was panel defect, parts required. The TV was within warranty period. So, service centre staff agreed to repair it. They agreed to repair it within 30 days but it was not repaired. Again and again petitioner went to their service centre but the service centre expressed their inability to repair it as the parts not available. Petitioner therefore prayed for compensation Rs.10,000/- litigation cost and also refund of the price of the TV. 

 

2. O.P. No.1, service centre appeared filed written statement denying the claim. It is stated that O.P. No.3, LG Electronics Pvt. Ltd. failed to provide the parts to the O.P. No.1 inspite of repeated reminders. Without parts O.P. No.1 was not in a position to repair it. If any liability is to be fixed that is with the company not the service centre. 

O.P. No.2 and 3 did not appear after receipt of notice so case proceeded against them exparte.

 

4. On the basis of contention raised by both the parties following points cropped up for determination:

(I) Whether the LG TV was not working within the warranty period and petitioner is entitled to get replacement of the TV and also compensation?

(II) Whether the petitioner is entitled to get compensation and refund of the price of the TV?

 

5. Petitioner produced the warranty card, cash memo, service centre received copy, Exhibit-1 Series, also submitted statement on affidavit of one witness, Bimal Debnath.

 

6. O.P. on the other hand produced the statement on affidavit of Sitangshu Deb. 

 

7. On the basis of all these evidence we shall now determine the points.

 

Findings and decision:

 

8. Petitioner produced the extended warranty card.  Date of purchase is 25.05.15. Extended warranty is applicable from 10th April, to 27th May, 2015. Offer entitles customer free of cost 2 year additional cover above the existing policy. Functional warranty given exclusively on panel/ module. It is also written that panel module shall be repaired or replaced during the extended warranty period  as per company policy. 

 

9. We have gone through the receipt copy of the service centre. The TV was received on 31.08.17. Call status was panel defective. So, within extended warranty period that is up to 25.05.19 free service was available and in case of defect in panel / module it should be repaired or replaced as per terms of extended warranty. The vouchers cash memo is produced to show that petitioner purchased the LG TV from O.P. No.2 on 25.05.15 on payment of Rs.26,000/-. 

 

10. Petitioner in his statement on affidavit stated that he approached the service centre several times. He assured to repair it within 30 days. But it was not repaired even after 3 months. 

 

11. O.P. in the written statement admitted that they could not repair it for want of parts as it was not sent by the company. O.P. No.3, Service centre was not liable as because inspite of best effort they could not repair it for the want of panel parts. As per the extended warranty terms and conditions O.P. No.3 company agreed  to repair or replace the TV in case of non functioning of panel/ module of the LED TV. But O.P. No. 3, LG Electronics India Pvt. Ltd. failed to deliver the same without any reason. This is deficiency of service by O.P. No.3. The service centre is also the part of the LG Electronics but failed to support the petitioner by repairing it. But the seller, Akashbani  Radio & Electronics  is not liable at all. We therefore, direct LG Electronics India Pvt. Ltd. O.P. to replace the LED TV by a new one or arrange repairing by sending the parts. By such action of the O.P. petitioner suffered huge loss. He was harassed. Both the O.P. No. 1 and 3 are liable. So, we direct both the O.P. No.1 and 3 to compensate the petitioner by paying Rs.10,000/-. O.P. No.3 also is to pay Rs.5,000/- to the petitioner as litigation cost. Both the points are decided accordingly.

 

12. We therefore, direct the O.P. No.3 to arrange the repairing or replace the LED TV which was not working. We also direct O.P. No.1 to pay compensation Rs.10,000/- to the petitioner. O.P. No.3 again is to pay  Rs.5,000/- as litigation cost. Payment is to be made within 2 months if not paid it will carry interest @ 9% P.A.   

 

    Announced.

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI  U. DAS

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA