In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.83/2011
1) Prabir Chowdhury
Block-B, Flat-4,C.N. Roy Road Govt. Housing Estate, Kolkata-39 ---------- Complainant
---Versus---
1) The Manager, Leonids Vision Pvt. Ltd.
Sony Center, 188C, Rash Behari Avenue, Kolkata-29.
2) Sony India Pvt. Ltd.
Manuja Towers (Ground Floor),32, Hazra Road, Kolkata-29, P.S. Bhawanipur.
3) The Managing Director, M/s. Sony India Pvt. Ltd.,
Block-A, 31, Mohon Co-operative Industrial Estate,
Mathura Road, New Delhi-1110044. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 17 Dated 05/10/2012.
The petition of complaint has been filed by the complainant Prabir Chowdhury against the o.ps. The Manager, Leonids Vision Pvt. Ltd. and others. The case of the complainant in short is that being allured by an advertisement in a newspaper (Ananda Bazar Patrika of 28th May 2010)where the Sony company gave their advertisement offering a 2010 FIFA World Cup official match ball Replica with Bravia at free of cost against buying a 26 inches (66 cm) and above LCD TV set the complainant made an arrangement for buying a television set specially enjoying for the World Cup Football which was going to start from 11th June 2010 in South Africa, (annex-A of complaint petition) and he booked the TV set on 7.6.10 to o.p. no.1 having Model No.KLV-26 EX 300 and Sl. No.2361076 with price of Rs.25,900/- and o.p. no.1 received the consideration from the complainant and TV set was delivered to him on 08/06/2010 with Road Challan dt.8.6.10 and after delivery to the premises of complainant it was found that no local cable line was in active or help-full to the new TV set and as per advice of o.p. no.1 Airtel DTH Digital TV Satellite Connection was given on 13.6.10 and after installation of DTH connection the TV set became operative and complainant started to enjoy world cup football from 13.6.10, but unfortunately on 23.6.10 all on a sudden the said TV set became out of order. Immediately complainant on 24.6.10 complained to o.p. no.1 to repair ah e defective TV set with immediate action but within 10 days o.p. have no time to attend the complainant even after repeated. Only on 2.7.10 i.e. after 10 days o.p. no.1 advised complainant to contact with service centre and immediate complainant made a complaint with the service centre having docket no.5547503 dt.2.7.10 the technician from service centre came on 3.7.10 and tried to repair the fault at complainant’s premises within 5 days the technician failed to detect the fault of the TV set finding no other way technician of o.p. took the defective TV set to the service station on 8.7.10 and the World Cup Final was going to held on 11.7.10 and as usual world cup final was held on the stated day i.e. just after two day and without TV at the premises of complainant and also he lost the opportunity of enjoying world cup for a period of four years. Most remarkable incident is that he received a letter from o.p. no.28.7./10 after completion of the world cup on 11.7.10. Though complainant wrote a letter to o.p. no.3 on 15.7.10 detailing all the fact. Instead of giving any reply to that letter o.p. no.3 sent a letter through e-mail on the same day where there was only a logged number, on 12.8.10 he wrote another letter addressing the Managing Director of o.p. no.3. Ultimately on 17.8.10 he received an e-mail where o.p. no.2 offered him a sealed pack set. As per complainant, though he purchased the TV set for a particular intention and wanted to see and enjoy the world cup very nicely having been paid the consideration money the service of o.ps. was contrary to all expectation. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.p. no.3 had entered his appearance in this case by filing w/v and denied all the material allegations labeled against him and prayed for dismissal of the case. O.p. nos.1 and 2 did not contest the case by filing w/v. and matter was heard ex parte against o.p. nos.1 and 2. ld. lawyer of o.p. no.3 in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that complainant has purchased the TV set in question o.ps. and within few days the TV set in question was out of order and he could not watch the world cup, 2011 in that TV set. It is also admitted fact that the TV set is still is lying with o.ps. It is also fact that being allured by the advertisement of o.ps. at print media he bought the TV for viewing world cup, 2011 in that TV but he could not enjoy that facility due to supplying of TV with manufacturing defect and also reluctance of o.ps. to repair or replace ed the same within the time span of aforesaid world cup and it is beyond doubt that due to such negligence and inaction of o.ps. complainant has to suffer mental agony and harassment and he is entitled to relief.
Hence, ordered,
That the case of the complainant is allowed with cost on contest against o.p. no.3 and ex parte against o.p. nos.1 and 2. O.ps. are jointly and/or severally directed to refund Rs.25,900/- (Rupees twenty five thousand nine hundred) only being he cost price of the TV set in question along with interest @ 9% p.a. from the date of payment till the date of realization and are further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
