Delhi

East Delhi

CC/384/2021

SHANTANU CHATTERJEE - Complainant(s)

Versus

KBM ELECTRONIOCS - Opp.Party(s)

05 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No. 384/2021

 

	SHANTANU CHATTERJEE C-96, UPKAR APARTMENTS, MAYUR VIHAR, PHASE –I, DELHI-110091	….Complainant
Versus
	KBM ELECTRONICS UNIT OF KALPANA BIRI MFG. CO. (P) Ltd. SHOP NO.15, PRATAP NAGAR, MAYUR VIHAR, DELHI - 110091	……OP

 

 

Date of Institution: 04/10/2021

Judgment Reserved on: 23/12/2022

Judgment Passed on: 05/01/2023

                  

CORUM:

Sh. S.S. Malhotra (President)

Ms. Rashmi Bansal (Member)

Sh. Ravi Kumar (Member)

 

Order By: Shri S.S. Malhotra (President)

 

JUDGEMENT

1. By this order the Commission would dispose off the complaint of the Complainant w.r.t. deficiency in selling the defective 50 inch Samsung TV on the part of the OP. 
2. Brief facts as stated by the Complainant in the complaint are that on 04.08.2021 the Complainant approached the OP with intention to buy a 50 inch LG TV but on the recommendation and assurance of OP, the Complainant purchased 50 inch Samsung TV (LED TV UA50AU8000) which was installed at his house by the Samsung Technician himself on 05.08.2021 but when the Complainant checked the same, he found that volume of the TV cannot be increased after a certain level and he raised the complaint on 06.08.2021 itself and requested the service engineer to visit his home and to check the volume/sound settings of the newly purchased TV.  The Samsung technician/engineer checked all the settings and confirmed that sound volume of the purchased model could not be enhanced any further and suggested for an alternate model with enhanced sound specifications.  Thereafter lot of emails were sent but the complaint was not resolved and as such complainant has filed the present complaint thereby seeking direction to the OP, to take the TV back and return the amount of Rs.67,535/-with compensation.
3. The matter was admitted and notice was ordered to be sent to OP who was served on 14.05.2022 but none appeared on behalf of OP and as such OP was proceeded Ex-parte vide order dated 03.08.2022. 
4. Complainant has filed his evidence by way of affidavit and has placed the documents on record.
5. The Commission has perused the record and heard the arguments.
6. The non-appearance of OP despite of having received the notice and not saying anything w.r.t. the complaint of the Complainant is suffice to infer that OP has supplied defective 50 inch TV to the complainant. The fact that Complainant got the Samsung TV installed 05.08.2021 and the first complaint was lodged on 06.08.2021 itself, which has been duly admitted by OP, i.e. in the reply to e-mail whereby it conveys that OP has registered the complaint of the Complainant, Further despite having paid Rs.67,535/- to the OP, the inability of the complainant to watch TV programme, prima facie establishes the agony of the complainant particularly when the complainant wanted to buy LG TV and  Samsung TV was sold to him on the pretext of better services and better quality.
7. Therefore, the Commission is of the opinion that despite having taken an amount of Rs.67,535/- from the Complainant, the OP has sold a faulty product to its complainant and then has not been able to resolve the issue of sound/ volume. 
8. The Commission therefore orders the OP to return Rs.67,535/- to the Complainant along  with interest @ 9% p.a. from the date of purchase of TV along within a period of 30 days and compensation and litigation charges of Rs.15,000/- and OP would also make arrangement for collecting the defective TV at his own cost from the house of the Complainant within a period of 30 days.  If the amount is not paid within one month OP would also pay interest @ 9% p.a on Rs.15,000/- from the date of this order till actual payment. 

 

This order be complied with within 30 days from the date of receipt of the order.

3. opy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room.