BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.278 of 2018
Date of Institution: 13.11.2018
Date of Decision: 06.03.2019.
Ravi Kumar son of Sh.Mainpal resident of village Tajia Khera Tehsil & District Sirsa.
………Complainant.
Versus
1.Krishna Electronics City Thana Road, Opp.Union Bank of India, Sirsa.
2.Take Care India & Videocon, Service Point, Arya Samaj Road, Sirsa. Mob.No.98966-13448, 92150-12648.
3.Sansui Co.Plot No.296 Udyog Nagar Phase 2 Gurgaon 122015.
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SH.ISSAM SINGH SAGWAL ……MEMBER
MS.SUKHDEEP KAUR……………MEMBER
Present: Complainant in person.
OP No.1 given up.
Opposite parties No.2 & 3 exparte.
ORDER
In brief, case of complainant is that complainant purchased one Sansui LED 40 inch from opposite party No.1 for a sum of Rs.23,500/- vide bill No.4053 on 30.10.2016 with guarantee of five years being special offer due to Depwali festival. That after 1-1/2 years the above said LED stopped working and complainant informed OP No.2 on 03.04.2018 and got the same deposited with it. That the LED in question was replaced but it again went out of order after 3-4 months, therefore, the same was again deposited with service care vide complaint No.GUR1009180030. The complainant requested the op No.2 either to get the same repaired or to replace the same but it refused to do so. The LED in question is still lying with service centre/OP No.2. That the act and conduct of ops comes under the ambit of deficiency in service as well as unfair trade practice, due to which complainant is suffering recurring financial losses till today and also suffering serious harassment and mental tension. Hence, this complaint.
2. On notice, opposite parties No.2 & 3 did not appear despite service and was proceeded against exparte. However, the complainant has given up OP No.1 by making his separate statement on 21.02.2019.
3. The complainant produced his affidavit Ex.C1, copy of bill Ex.C2, copy of job sheet Ex.C3.
4. We have heard learned counsel for complainant and have perused the case file carefully.
5. The complainant in order to prove his case has furnished his affidavit Ex.C1 in which he has reiterated all the averments made in the complaint. He has specifically deposed that he had purchased Sansui LED 40 inch from opposite party No.1 for a sum of Rs.23,500/- vide bill No.4053 on 30.10.2016 with guarantee of five years. He has further deposed that the LED in question stopped working after 1-1/2 years and the same was got replaced but the replaced LED also stopped working and the same is lying with Op No.2/service centre which has neither repaired the same nor replaced the same. The complainant has also placed on record copy of bill Ex.C2 and copy of job card Ex.C3 wherein the fault has been shown as penal damage. Since opposite parties No.2 & 3 did not appear to rebut the plea and evidence of complainant as such evidence led by complainant goes as unchallenged and unrebutted.
6. In view of above, we allow this complaint and direct the opposite parties no 2 to 3 carry out the necessary repairs and to make the same defect free within 15 days of the receipt of this order. Further, directed that in case it is found that LED is not repairable then provide the replacement of the LED with same make and model after deducting the depreciation charges upto 35 % of the existing price of new LED. We further direct the opposite parties to further pay a sum of Rs.3000/- as compensation and Rs.2,000/- as litigation expenses. The opposite parties are liable to comply with this order within a period of 30 days from the date of receipt of copy of this order. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Pronounced in open Forum. Member Member President,
Dated:06.03.2019. District Consumer Disputes
Redressal Forum, Sirsa.
