Orissa

Cuttak

CC/80/2015

Sk. Nisar Ahmad - Complainant(s)

Versus

L.P Electronics (O) Pvt Ltd - Opp.Party(s)

B DasMohapatra

20 Oct 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.80/2015

 

Sk. Nissar Ahmad,

Res. of At:Jholasahi,PO/P.S:Purighat,

Town/Dist:Cuttack                                                                … Complainant.

 

Vrs.

1.        M/s. L.P.Electronics (O) Pvt. Ltd.,

Metro Plaza,Buxi Bazar,

Town/Dist:Cuttack..

 

2.        M/s. Sansui,

Corporate Office,17^th Floor,Mittal Court,

C-wing,Nariman Point,Mumbai-400021.

 

3.        M/s. Sansui Branch Office,

Plot No.O-63,Annapurna Complex,

2^nd Floor,Bapuji Nagar,Bhubaneswar.                                         … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member(W).

 

Date of filing:   05.08.2015

Date of Order: 20.10.2016

 

For the complainant   :      Sri B.Dasmohapatra,Advocate & Associates.

For the O.P.1.               :     Mr. B.P.Pal,Advocate & Associates.

For O.Ps 2 & 3              :      Mr. A.K.Das,Advocate & Associates.

 

Mr. Bichitra Nanda Tripathy, Member.

The complaint is against deficiency in service on the part of O.Ps.

1. In nutshell the complaint is as follows:

1. The complainant purchased one Sansui Brand LED TV from O.P.1 on 22.10.2014 by paying a sum of Rs.17,550/-.  On 4.4.2015 the said Television did not work and there was no picture.  The complainant intimated the matter to O.P.1 over phone.  A mechanic attended the said TV but the defect was not rectified- as such as advised by O.P.1 the complainant handed over the T.V to O.P.1 on 10.4.2015.
2. Since O.P.1 did not respond to the grievances of the complainant , the complainant issued a legal notice on 9.5.2015 to O.P.1 & 2 O.P.1 did not respond but O.P.2 replied through its branch office, Bhubaneswar and denied the allegations.  The O.P.3 intimated that their service engineer attended the service call on 13.4.2015 and found that panel of the said Sansui LED TV was broken and it has no manufacturing defect.  O.P.3 also asked the complainant to bear the expenses for replacing the panel of the T.V.
3. Finding no other way the complainant has taken shelter of this Hon’ble Forum.  He has prayed for refund of the price of the said T.V or to replace the same with a new one and also pay a sum of Rs.30,000/- towards mental agony, harassment and cost of litigation.
4. He has enclosed the following documents with the plaint.

1. Retail invoice No.BBC/791 dt.22.10.2014 indicating purchase of T.V from L.P.Electronics,Cuttack for a price of Rs.17,550/-.
2. Legal notice dt.9.5.2015 served on O.P.1 with copy to O.P.2.
3. Reply of O.P.2 denying the allegations but O.P.2 has agreed to provide free service towards replacement of the panel but the cost of the panel of the LED TV will be borne by the complainant.

2. We have gone through the case in details and have perused the documents/papers minutely as filed by the complainant as well by the O.P.1.  We have observed as follows:-

1. Although O.Ps 2 & 3 have filed Vakalatnama on 3.12.2015 but they have neither participated in the hearing nor submitted any written version in their defense.  Hence, we presume O.P.2 & 3 have nothing to say further in their defense.
2. The report of the service engineer who attended the T.V on 13.4.2015 and found that the panel of the Sansui LCD is broken by the complainant is not produced by the O.Ps for which we are constrained to conclude that the T.V was having manufacturing defect or has developed some problems in the meantime for which it did not function even during the warranty period i.e. one year from the date of purchase.

Basing on the facts and circumstances as stated above and to meet the ends of justice, we allow the case against O.Ps for deficiency in service.

 

                                                                        ORDER

        O.P.2 will refund a sum of Rs.17,550/- to the complainant  towards cost of the said Sansui LED T.V.  O.P.2 will also pay a sum of Rs.8000/- towards mental agony, harassment and cost of the suit.  Complainant will return the defective T.V. to O.P.1 who will receive the same on behalf of O.P.2 and will furnish necessary acknowledgement for the purpose.  The above noted payments shall be made to the complainant by O.P.2 within 45 days from the date of receipt of such orders, failing which the complainant is at liberty to take shelter of this Hon’ble Forum under C.,P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 20^th   day of October, 2016 under the seal and signature of this Forum.

   (Sri B.N.Tripathy )

                                                                                                                     Member.

 

                                                                                                               (Sri D.C.Barik)

                                                                                                                     President.

 

 

                                                                                                              (Smt. Sarmistha Nath) 

                                                                                                          Member(W).