BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.258 of 2018
Date of Institution: 25.10.2018
Date of Decision: 30.04.2019.
Vishnu Bhagwan son of Shri Hans Raj resident of village Burj Bhangu, Tehsil & District Sirsa.
………Complainant.
Versus
1.L.P. Electronics, Sadar Bazar, Sirsa through its proprietor.
2.Sansui Manufacuring Co. Jaipur Ltd. 10 Dwarkapuri Jamnalal Bajaj Marg, Jaipur (Rajasthan)-302001, through its Manager/ Authorized signatory.
3.Sansui Electronics Pvt. Ltd. K-135, 2nd Floor, Kalkiji, New Delhi-110019, through its Manager/Authorized signatory.
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SH.ISSAM SINGH SAGWAL ……MEMBER
MRS.SUKHDEEP KAUR……………MEMBER
Present: Sh.J.B.L.Garg, Advocate for complainant.
Opposite parties No.1 & 3 exparte.
OP No.2 given up.
ORDER
In brief, case of complainant is that, complainant purchased one LED bearing No.CONTVSNX40FH18XAF 111 216 110 293 100 063 for a total sum of Rs.31,000/- from Op no.1 vide bill No.4053 on 30.10.2016 and the same was got installed at the residential house of the complainant. The complainant also subscribed for Videocon DTH and paid subscription fee for the same. On 03.07.2018, all of a sudden, the LED stopped working. On the complaint of complainant, engineer came at the premises of the complainant and after inspection stated that the LED requires repair work and took the same with him with assurance for depositing the same with dealer. The complainant visited the Op No.1 and even made telephonic calls to the representatives of the company number of times but initially, they did not pay any heed and lastly refused to take any responsibility regarding changing of defective part. The complainant also got served legal notice upon the Ops but to no avail. The LED is still lying with OP NO.1 in defective condition. The Ops have failed to redress the grievance of the complainant, which clearly amounts to deficiency in service and unfair trade practice on their part.
2. On notice, opposite party No.1 did not appear despite service and it was proceeded against exparte vide order dated 06.12.2018 whereas registered AD was sent to Op No.3 but the same was not received back either served or unserved even after lapsing of stipulated period of 30 days, therefore, Op no.3 was proceeded against exparte vide order dated 10.04.2019. However, learned counsel for the complainant has given up OP No.2 by making his separate statement on 10.04.2019.
3. The complainant produced his affidavit Ex.PW1/A besides documents invoice Ex C1, legal notice Ex.C2 and postal receipts Ex.C3 to Ex.C5.
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.PW1/A, in which, he has reiterated all the averments made in the complaint. He has specifically deposed that he had purchased one LED bearing No.CONTVSNX40FH18XAF 111 216 110 293 100 063 for a total sum of Rs.31,000/- from Op no.1 vide bill No.4053 on 30.10.2016. On 03.07.2018, all of a sudden, the LED stopped working. On the complaint of complainant, engineer came at the premises of the complainant and after inspection stated that the LED requires repair work and took the same with him with assurance for depositing the same with dealer. He has specifically mentioned that the Ops have failed to redress his grievance and the LED is still lying with Op No.1 which has neither got the same repaired nor replaced the same. Since opposite parties No.1 & 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 to carry out the necessary repairs and to make the same defect free within 15 days of the receipt of this order, without any costs. The Ops are 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 or in alternate to make the refund of Rs.31,000/-, cost of the LED. We further direct the opposite parties to further pay a sum of Rs.5000/- as composite compensation on account of mental agony, harassment and 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. President,
Dated:30.04.2019. District Consumer Disputes
Redressal Forum, Sirsa.
Member Member
DCDRF, Sirsa DCDRF, Sirsa
