: O R D E R:
SHRI A.P.MUND, PRESIDENT: Complainant Abhedananda Mishra has filed this case against the O.Ps alleging deficiency in service and unfair trade practice. Case of the complainant in brief is that he purchase a Sony Home Theater system for Rs.25,000/- about two years back bearing model No.DAV-DZ610/CE12. In the month of November, 2014 some defects found in the system. The defect developed and there was no sound in the system. 
    2. Complainant contacted O.P.No.2 for repair of the same along with cash memo. O.P.No.2 issued a service job card bearing Job No.J42753528 dt.6.11.2014. The staff of the service centre advised the complainant to meet on the next day. On the next day when complainant went to the service centre, the staff of the service centre informed him that sound IC of the system can only be replaced at their Cuttack serviced centre and it would cost around Rs.2,000/- and after repairing the system will be handed over to the complainant within 7-10 days.                        
    3. The complainant agreed to the terms and thereafter met O.P.No.2 after 15 days, but the system was not repaired. Complainant went to O.P.No.2 several times but same reply was given that the system was not repaired. On 11.2.2015 the Service Head of O.P.No.1 was intimated the matter through e-mail. But no action was taken by O.P.No.1
    4. According to the complainant O.P.no.1 assures to attend the defective products forth with at the time of sale. The purchasers of the Sony products are only authorised to repair the products at the service centre failing which the company bears no responsibility. Further the sony products cannot be repaired at any other place other than the authorised service centres due to non-availability of spare parts and technical information of the product. So to say the company has monopoly over the repair of the product sold by them.
    5. Complainant alleges that non repair of the product in time amounts to clear deficiency in service for which the O.Ps are jointly and severally liable. The complainant has been harassed as he has been running to O.P.No.2 time and again for repair of the set. Due to non-repair of the system complainant has been deprived of enjoying the music in spite of paying heavy price at the time of purchase of the music (Home theater) system.
    6. Complainant filed this case with prayer to direct the O.Ps to pay Rs.10,000/- towards compensation and refund Rs.25,000/- towards cost of the system. In order to support his case, complainant has filed Xerox copies of (1) Service Job sheet dt.6.11.2014, which contains the conditions for repirs  (2) e-mail send to the O.P.No.1.
    7. O.Ps were duly noticed. But in spite of receipt of notice, O.Ps failed to appear and contest the proceeding. Hence O.Ps were set ex-parte on dt.23.9.2015 and case was posted for ex-parte hearing on 18.1.2016.
    8. Heard the arguments advanced by the complainant. During hearing complainant fairly submitted that after receipt of notice from this Forum in the present case, the Home Theatre System was repaired and delivered to him by the O.P. No. 2. O.Ps have charged Rs.3,577/- towards repairing of the set. In order to substantiate this submission, complainant has filed the Retail Invoice/Cash Memo/Bill dt.30.6.2015 of the O.Ps in original. This shows the complainant had received the article on dt.01.07.2015.
    9. Perused the back side of the Job sheet which contains the conditions for repair. Condition Nos.6, 9 and 10 reads as under:
“6. Spare parts for product more than 5 years old (end of production of manufacturing company) may not be available. Repairs of such sets may be taken up subject to availability of spare parts; in such cases, the company reserves the right to refuse or accept”.                                        
“9. The equipment should be collected within 15 days from the date of intimation on production of the original Service Job Sheet, otherwise accommodation charges of Rs.50/- per day will be levied  subject to a maximum of 90 days after which the company shall dispose of the equipment to recover the cost incurred on it”.
“10. Under no circumstances shall the set be retained by the company beyond a period of 90 days from the date of repair or non-approval of estimate. Unclaimed articles beyond 90 days shall be auctioned or disposed off by private agreement to third party( ies). The proceeds shall in the first instance be appropriated towards recovery of repair charges, accommodation charges etc”.
    10. The conditions are very onerous on the customer, but there is no mention regarding the delay caused by the Authorised Service Centre or its consequence on the Authorised 
Service Centre. Condition No.9 stipulates that Rs.50/- per day will be levied on the customer if he does not receive back the product after repair. As per condition No.10 O.Ps can auction the product after a period of 90 days. These conditions are very harsh and the same can also be applied mutatis mutandis against the O.Ps  for non repairing and non  delivering the product to the customer.
    11. In this case, admittedly the O.Ps have delivered the product only after receipt of notice in this case from this Forum. After receipt of the Summons they returned the repaired product without any explanation or apology to the Complainant. For non-receipt of his system from the O.Ps after spending all his best efforts, and finding no other alternative; complainant approached this Forum by filing this complaint spending time and money. In our opinion non-delivery of the repaired article  to the customer/complainant within a reasonable time is clear deficiency in service as well as unfair trade practice indulged by O.P.s. Such action has caused the complainant harassment, mental agony and inconvenience. For this both the O.Ps are jointly and severally liable to compensate the complainant. 
    12. In the result, we allow the case of the complainant against the O.Ps on ex-parte and direct the O.Ps to pay to the complainant Rs.9,500/-(Rupees Nine thousand five hundred) towards compensation within 30 days from the date of receipt of copy of this order, failing which the awarded amount will carry interest @ 9(Nine) per cent per annum from the date of order till the date of payment.