O R D E R
SUBHASH GUPTA, MEMBER
The complainant has filed the present complaint against the OPs u/sec. 12 of Consumer Protection Act, 1986. The brief facts as alleged in the complaint are that the complainant purchased a Samsung LED T.V. from OP-1 on 24.8.20014 for a sum of Rs.25,900/- vide retail invoice no.R1/14-15/3066. It is further alleged that after 2-3 months of the purchase of said LED TV its performance became ineffective as the sound and visibility started getting deteriorated. The complainant contacted OP-1, who assured for repairs or replacement of the same. It is further alleged that performance of the LED TV became worst and complaint to OP-2 vide telephone were registered but OP-2 failed to remove the defect. It is further pleaded that a written complaint was also sent to the OP-2 but till date the defects in the said LED exist. The complainant prayed for replacement of SAMSUNG LED alongwith a sum of Rs.20,000/- towards the mental pain and agony, harassment and litigation expenses.
2. Notice of the complaint was issued to the O.Ps and as no written statement was filed and for non-appearance, they were proceeded ex-parte vide orders dated 7.1.2016. OP-2 later on joined the proceedings and efforts were made by the Forum to get the matter settled. Counsel for OP-2 offered free repairs/replacement of picture tube along with 6 months warranty thereafter. This offer was not acceptable to the complainant.
3. The complainant has filed on record copy of retail invoice and hand written complaint made to the CEO of OP-2. In this letter to the CEO, the complainant has asked for free of cost repairs. The letter was replied by the OP-2 vide email vide which it was communicated to the complainant that a sum of Rs.12,653/- will be charged from the complainant for repairs of the LED TV. It is apparent from the retail invoice the LED TV was purchased on 24.8.2014 and the problem with the LED TV started within 2-3 months of its purchase.
4. We are of the view that the interest of justice would be met if the OP-2 is directed to repair the said LED TV set free of cost within 30 days from the date of order and further extend the warranty for a period of one year from the date of delivery of the said LED TV set to the complainant. We further award in favour of the complainant a sum of Rs.3,000/- towards mental agony and harassment which will also include the cost of litigation.
Copy of the order be sent to the parties as per rules.
Announced on this 02nd day of April, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
