O R D E R
SUBHASH GUPTA, MEMBER
The complainant has filed the present complaint against O.P under section 12 of the Consumer Protection Act, 1986. The facts as alleged in the complaint are that complainant was using L.G. color TV purchased on 06.01.2008 from Hazarat’s Vision LG Shoppe. It is alleged that the complainant had taken the AMC (Annual Maintenance Contract) for two years from 29.7.2012 to 28.7.2014 with the OP-1 for above mentioned TV. It is also alleged that according to the AMC service provider had to provide service of the product from time to time. It is further alleged that the TV was not working properly since September 2011 and complainant made several complaints with the O.P but satisfactory service was not provided by the O.P. It is alleged that on 21.3.2014 on job No. RNA 140321014812 OP collected the TV kit with remote control and nobody they even called or responded. It is also alleged that complainant has made various complaints and reminders but all in vain. On these facts complainant prays that OPs be directed to refund the entire money paid to the O.P and also to pay cost and compensation as claimed.
2. OPs appeared and filed their respective written statements. In its written statement OPs has not been disputed that complainant had taken the AMC (Annual Maintenance Contract) for two years from 29.07.2012 to 28.07.2014 with the OP-1 for above mentioned T.V. However, case of OPs is that complainant had not made any complaint with the OP which shows that the complainant was having no grievances regarding the TV by the OPs. It is alleged that the complainant has mentioned only one job sheet vide RNA NO.140321014812 and the same was attended to on the same day and kit or remote was received for repairs but the complainant did not co-operate and wants to refund the TV amount in terms of AMC, which is not possible as the TV was purchased on 06.01.2008 and used by the complainant till this complaint i.e. 21.03.2014. It is also alleged that complaint of the complainant was promptly attended by the OP and no reliable evidence was produced by the complainant that he suffered a loss due to service of OP. Therefore, there is no deficiency of service on the part of the O.Ps and the complainant is not entitled to any relief. Dismissal of the complaint has been prayed for.
3. Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint. On the other hand Mr. Rahul Srivastava, Home Entertainment Engineer of OPs has already filed affidavit alongwith documents in evidence on behalf of OPs.
4. We have carefully gone through the record of the case and have heard submission of the complainant and Ld. Counsel for the O.Ps.
5. From the perusal of the record we find that the complainant had taken the AMC (Annual Maintenance Contract) for two years from 29.7.2012 to 28.7.2014 with the OP-1 for above mentioned TV.
6. The job sheet dated 21.3.2014 reveals that TV set alongwith remote control was handed over to the OPs for repairs of the same. It is alleged in the complaint that the TV set was never delivered back to the complainant after its repairs.
7. Since there is evidence on record that the TV set was taken over for repairs but not returned back, therefore there is deficiency in service. The TV set was purchased by the complainant on 6.1.2008 for a sum of Rs.6500/- and he has taken the AMC on 29.7.2012 for two years for an amount of Rs.1087/-. Since the TV has been used by the complainant for more than 4 and half years. The interest of justice would be met if a sum of Rs.2000/- towards the cost of TV set and Rs.1087/- paid by the complainant by AMC charges are awarded to the complainant.
8. Therefore, a sum of Rs.3087/- is awarded to the complainant which is payable by the OPs jointly and severally. The complainant is also awarded a sum of Rs.1000/- as compensation towards mental agony and harassment which will also include the cost of litigation also. This amount shall be payable within 45 days of the receipt of the order. In case this amount is not paid within stipulated period, the complainant will also be entitled to claim interest @ 6% after expiry of the period till its actual realization. Ordered accordingly.
Copy of the order be sent to the parties as per rules.
Announced on this 05th day of January, 2015.
(K.S. MOHI) (SHAHINA ) (SUBHASH GUPTA)
President Member Member
