BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

                                                     Complaint Case No.125 of 2020.

                                                     Date of institution: 17.03.2020.

                                                     Date of decision:10.01.2022.

Manohar Lal son of Sh. Ram Singh, resident of 119 D Chhot Dera, Kaithal Padla, Haryana now residing at H.No.302, Ward No.18, Janakpuri Colony, Kaithal.

                                                                        …Complainant.

                        Versus

1. Intex Technologies (India) Ltd. Dehla Road VPO Manpura, Tehsil Baddi, Distt. Solan, H.P. Pin Code-173205 through its Managing Director/Authorized Officer (Manufacturer Address).
2. Intex Technologies (India) Ltd. A-61 Okhla Industrial Area Phase II, New Delhi-110020 through its Managing Director/Authorized Officer (Marketing Office Address).
3. M/s. Shivom Communications, First Floor Bansal Building near Geeta Dwar, Pipli Chowk, Kurukshetra, 136118, C.No.88148-0220, 74049-03500.
4. M/s. Surya Trading Company, Opposite Syndicate Bank, Dhand Road, Kaithal-136027 through its authorized officer Parveen Gupta.

….Opposite parties.

        Complaint under Section 35 of the Consumer Protection Act,2019.

CORAM:     DR. NEELIMA SHANGLA, PRESIDENT.

                SMT. SUMAN RANA, MEMBER.

                SH. RAJBIR SINGH, MEMBER.

Present:     Sh. Chand Ram, Advocate, for the complainant.   

                Ops exparte.

ORDER

DR. NEELIMA SHANGLA, PRESIDENT

       Manohar Lal-Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’).

2.             The OPs have been proceeded against exparte as despite notice, they did not appear.

3.             Sh. Chand Ram, Adv. for the complainant has stated that the consumer Manohar Lal purchased a 4310 Intex 43” LED from the Op No.4, who is authorized dealer of Ops No.1 to 3 vide bill No.8661 dt. 11.10.2016 for a sum of Rs.32,400/- against the warranty of five years.

        He further argued that the above-said LED got defective on 16.02.2020 and it was not displaying the picture and only sound system was working.

        The complainant approached the Op No.4 on 16.02.2020 and disclosed the above-said problem.  On the same day a representative of the Ops No.1 to 3 visited the house of complainant and checked the LED and told the complainant that the panel/mother-board got defective.  The above-said representative contacted Op No.3 i.e. service-centre and Op No.3 acknowledged the default and told him that the above-said defect will be rectified within a week.

        Thereafter, complainant contacted telephonically the Ops but the Ops kept same that the defect will be rectified within a week and LED is in warranty period. 

4.              An application under Section 38(1)(c) of Consumer Protection Act, 2019 was moved by the complainant for technical expert to see the defect in the aforesaid LED.  Mark-A is the report of technical expert namely Hitesh Kumar Gera, Electronics Instructor, ITI, Kaithal vide which it has been stated that panel of LED is faulty and it is not repairable.  Due to the above mentioned reasons, the LED is not working.  The said expert has also reported in the said report that the LED is not in working condition.

               In view of the aforesaid report given by technical expert, the case of complainant is fully substantiated.  Complainant has supported his versions by way of filing affidavit, Ex.CW1/A and documents Annexue-C1 & Annexure-C2.  Whereas, on the other hand, the Ops did not appear in the present case and opted to proceed against exparte.  Hence, the case of consumer is proved to hint to the effect that there was defect in the LED which was purchased by the complainant/consumer from the Op No.4 for amounting to Rs.32,400/-.

5.            Thus, as a sequel of above discussion, we allow the present complaint and direct the Ops to refund the amount of Rs.32,400/- i.e. cost of LED to the complainant alongwith interest @ 6% p.a. from the date of filing of this complaint till its realization within two months.  The Ops are also directed to pay Rs.11,000/- as compensation for harassment, mental agony including the cost of litigation charges.  The Ops are jointly and severally liable.  In default of making the payment, it will carry penal interest @ 9% p.a. from the date of this order i.e. 10.01.2022.  A copy of said order be sent to the parties free of cost.  File be consigned to record-room after due compliance.     

Announced in open court:

Dt.:10.01.2022.

                                                                (Dr. Neelima Shangla)

                                                                President.

(Rajbir Singh),            (Suman Rana),          

Member.                            Member.

Typed by: Sanjay Kumar, S.G.