Complainant Sodama Lal has filed the present complaint against the opposite party U/S 35 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite party to exchange the LED Smart T.V. with actual new branded LED Smart T.V. or return the amount of Rs.19,900/- alongwith interest and compensation of Rs.20,000/- and any other relief which he may be found entitled to.

2.        The case of the complainant in brief is that on 20.06.2019 he purchased one LED Smart T.V. 40” Inch brand crown from the opposite party vide bill/invoice No.175 for an amount of Rs.19,900/- and at the time of its sale opposite party gave assurance to the complainant that the same is of crown brand company which provided two years warranty and opposite party also promised the complainant that he will be solely responsible for any defect in the LED Smart T.V. It was pleaded that after few months of the installation of LED Smart T.V. in house of the complainant there was defect started in the screen display alongwith some problem with voice quality. It was further pleaded that on calling of the complainant one mechanic of the opposite party checked the LED Smart T.V. but he unable to get the defect removed from the same. Complainant made many requests to the opposite parties as he spent his hard earned money to the buy the LED Smart T.V. but he was not getting proper benefit from the same. It was also pleaded that as per the assurance of the opposite party to exchange the LED Smart T.V. in case of any defect within two years of the purchase opposite party was bound to exchange the same but to the utter surprise opposite party initially tried to delay the matter by avoiding the requests of the complainant and ultimately refused to exchange the said product as per the warranty given by the opposite party and also threatened the complainant to dire consequences if he dare to make any request in future. It was next pleaded that complainant was compelled to get the services of some private mechanic to remove the defect from the said product but the mechanic clearly told the complainant that LED in question is not of a crown company and it is local brand bearing fake crown company sticker and the defect in it cannot be removed and complainant has only option to exchange the same with new branded LED Smart T.V. but the opposite party cheated the complainant by giving fake brand company LED Smart T.V. and thereafter not helping the complainant to remove the defect or exchange the same which is totally deficiency in service on the part of the opposite party. Complainant has every legal remedy to initiate legal action against the opposite party and as such he served upon the opposite party with a legal notice calling upon them to exchange the LED Smart T.V. with actual new branded LED Smart T.V. or to return the amount of Rs.19,900/- alongwith interest and compensation of Rs.20,000/- but opposite party did not given any reply to the notice, hence this complaint.

3.       R.C. of opposite party had not been received back. Period of 30 days had already been elapsed. Presumption could be drawn that opposite party had been served but was intentionally evading the service of the notice. Case called several times, but none had appeared on behalf of opposite party. Hence, opposite party was ordered to be proceeded against exparte vide order dated 19.11.2020.

4.       Counsel for the complainant has tendered into evidence affidavit of complainant Ex.C1, copies of relevant documents Ex.C2 to Ex.C4 alongwith complaint and closed the evidence on behalf of complainant.

5.       Written arguments have been filed on behalf of complainant.

6.       We have carefully gone through the pleadings of the complainant and have also appreciated the evidence produced on record with the valuable assistance of the complainant for the purposes of adjudication of the present complaint.

7.       As detailed above, the complainant has pleaded in his complaint that on

20.06.2019 he purchased one LED Smart T.V. 40” Inch brand crown from the opposite party vide bill/invoice No.175 for an amount of Rs.19,900/- with two years warranty. But after few months of its purchase some defect was found in the screen display alongwith some problem with voice quality. Complainant made many efforts to get the defect removed from the product in question by calling the mechanic of the opposite party and also from some private mechanic but he could not succeed in it. On the other hand opposite party harassed him unnecessarily by not getting the defect removed from the LED in question or to exchange the same with new one rather threatened the complainant to dire consequences if he dare to make any request in future. Complainant had also served a legal notice upon the opposite party but opposite party did give any reply to it.  To support his pleadings complainant has produced on file his duly sworn affidavit Ex.C1, copy of bill dated 20.6.2019 Ex.C2, copy of legal notice Ex.C3 and postal receipt Ex.C4.   

8.       From the evidential part, it is proved that the complainant time and again approached opposite party for removal of his grievance but was unnecessarily harassed by opposite party which amounts to deficiency in service on the part of opposite party. The opposite party did not bother to appear in the Commission and prefer to proceed exparte vide order dated 19.11.2020 and also failed to satisfy the complainant and also did not care to contest the claim of the complainant and rebut the evidence led by him as aforesaid and as such it can be concluded without any hesitation that either opposite party admit the claim of the complainant or has nothing to say in the matter. In this way, the evidence led by the complainant goes unrebutted and unassailed. Hence we are of this view that present complaint can be best disposed of by giving directions to the opposite party.

9.       In view of the aforesaid discussion, facts and circumstances of the case, the present complaint is partly allowed and opposite party is directed to refund the full price amount alongwith interest @ 6% per annum from the date of filing of complaint till actual realization besides the opposite party shall also pay Rs.10,000/- as compensation and litigation expenses to the complainant within a period of 45 days from the receipt of copy of order.

10.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

11.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                         

             (Naveen Puri)

                                                                            President.   

Announced:                                                   (B.S.Matharu)

April 28, 2022                                                       Member.

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