MS. NIPUR CHANDNA, MEMBER

ORDER

20.06.2024

1.         A complaint has been filed by the complainant alleging the deficiency on the part of OPs. In brief the facts of the complaint are that complainant purchased VU Pixelight 138cm (55 inch) ultra HD (4K)LED Smart Television from Flipkart for a consideration amount of Rs. 28,999/- along with complete TV protection (3 years) from Jeeves vide policy no. CPFKO040620000853 by paying a sum of Rs. 2299 /-dated 30.05.2020. It is alleged by the complainant that after two months of the purchase the LED suddenly used to go blank  with no display of picture for couple of seconds, this problem continue about every 30 to 40 days and after about 6 to 7 months of the purchase the LED started showing vertical lining on the screen. The LED used to set itself normal and the problem going blank screen and vertical lining started appearing every 7 to 8 for few minutes and thereafter in the month of July, 2021 LED started showing vertical line continuously and blank screen every second day.

2.         It is alleged by the complainant that he lodged the complaint with Flipkart Customer Care no. on 30.08.2021. OP1 sent a technician to the complainant house who checked the LED and further inform that the panel board would be replaced within 3 to 4 days. It is further alleged that nobody come after 3-4 days and as such after ranging so many calls to the customer care no. of Fliptkart , the assurance was given by the their officials that technician would come within 2 business days and rectify the LED. It is alleged by the complainant that after continuous persuasion on 05.10.2021 the technician visited the complainant and informed him that the problem could not be solved from their side. Thereafter complainant received an email from OP1 vide which the OP1 asked the complainant to provide cancelled cheque as well as bank information etc. The complainant could not understand the email sent by OP1 as such he again called the customer care no. of Flipkart and asked about the email sent by OP. The official of the Flipkart informed the complainant that since OP1 failed to rectify the defects in LED they are providing 80% return money of the total valued of the LED.

3.         It is further alleged by the complainant that the complainant in respond to the email of OP1 asked them to repair the LED as he did not want to refund but the OP1 remained adamant on their offer and sent another email to the complainant thereby requesting him to provide his consent for refund within 5 days and further inform that in case of non compliance the claim would stand cancelled. It is alleged by the complainant that thereafter OP1 never called the complainant. It is alleged by the complainant that within one year of the purchase the LED in question having various issues which could not be repaired as such he is entitled for the entire cost of the LED and not 80%. On various occasions complainant try to approach OP1 for refund of the cost of LED, but all in vain. Being aggrieved by the conduct of the OP complainant approached this commission for redressal of his grievance.

4.         Notice of the complaint was sent to OPs. Despite service none appeared on behalf of OPs as such OPs were ordered to be proceeded ex-parte.

5.         Complainant filed his ex-parte evidence by way of affidavit as well as written arguments.

6.         We have heard the arguments advance at the bar and have perused the record.

7.         Complainant has placed on record copy of bill issued by Flipkart as well as of OP1, copies of email exchanged between the parties as well as legal notice dated 06.07.2021 in support of his contention.

8.         The complainant has prayed in the present complaint that he is entitled for the refund of entire cost of LED along with a sum of Rs. 2,299/- paid to OP1 against the complete TV protection services hired. It is argued by the complainant that he had paid Rs. 2,299/- against the complete protection plan for LED in question but despite receiving the payment OP1 failed to provide the requisite services and failed to repair the LED in question as such the relief claim be granted.

9.         We have perused the record and found that the complainant purchased the LED in question on 30.05.2020 along with protection plan from OP1. The complainant averred in his complaint that within  two months of the purchase the LED in question started  having  the problems  of blank screen and vertical line but the complainant has lodged the first complaint with Flipkart on 30.08.2021. The technician of the OP1 visited the premises of the OP1 and collected the panel board for repairing. After one month of collection the technician installed the board in LED but again on the next day the LED was having the same problem. On 05.10.2021 again technician visited the premises of the complainant and informed that the defect is not a repairable one and as such vide email OP1 offered to the complainant 80% of the refund money of total value of LED. The OP1 gave five business day to the complainant for accepting the offer and thereafter closed his claim. Admittedly, the first complaint was lodged by the complainant with OP after three months of the purchase of the LED and on 05.10.2021 the technician informed  that the defect is not repairable one.

10.       In view of the above facts and circumstances of the present complaint we are of the considered opinion that within three months of the purchase, the LED develop substantive fault which cannot be repairable one as such we are of the considered opinion that OP1 sold defective LED to the complainant and to cover up its fault OP1 offered to the complainant 80% cost of LED despite the fact the substantive non – repairable defect occurred in the LED within 3 months of its purchase. We, therefore,  hold OP1 guilty of unfair trade practice for selling the defective LED to the complainant and direct it as under:

1. Refund to the complainant the cost of Rs. 28,999/- along with interest @6% p.a from the date of filing of the present complaint i.e. 20.02.2023 till realization.
2. Pay to the complainant a sum of Rs. 5,000/- on account of pain and mental agony suffered by him.
3. Complainant is directed to return the LED in question to OP after receiving the aforesaid amount.

11.     OP1 is directed to comply the order within 30 days from the date of receipt of this order failing which OP1 is liable to pay to the complainant interest @9% per annum from the date of non-compliance till realization.

 12.      Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.

Announced in open Commission on   04.06.2024.

Sanjay Kumar                                         Nipur Chandna                     

               President                                                         Member