Delhi

North East

CC/157/2015

Mohd. Kaleem - Complainant(s)

Versus

Metro Ref. & Electronic - Opp.Party(s)

02 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 157/15

 

In the matter of:

 

		Mohd. Kaleem S/o Shri Riyasat R/o 267/272, Main Road, Neelam Dairy New Kardam Purim Delhi-110094.		Complainant
		Versus
	1.       2.	Metro Ref & Electronics (2012-13 T) 1449/7, Main Loni Road, Durgapuri Chowk, Delhi-93.   Sharp Business System (India) Ltd. 214-221, Ansal Tower, 38 Nehru Place New Delhi-110019.		Opposite Parties
			DATE OF INSTITUTION:		01.05.2015
			JUDGEMENT RESERVED ON :		01.11.2017
			DATE OF DECISION      :		02.11.2017

 

N.K.Sharma, President:-

Ms. Sonica Mehrotra, Member:-

Order by Ms. Sonica Mehrotra, Member:-

 

ORDER

1. Briefly stated, the case of the complainant is that he had purchased LCD 32 L465M-SP Breacket No. 300 Sharp Company from OP1 for a sum of Rs. 22,000/- on 22.5.2012. OP1 was the dealer of OP2 and the LCD was manufactured by OP2. At the time of purchasing of LCD three years warranty was given to the complainant by OP. In the warranty card the warranty was mentioned valid till 21.5.2015. The complainant has stated that since 28.2.2015 the sale LCD was not functioning properly as some spots were showing on display screen. The complainant approached OP1 on 1.3.2015 for redressal of the complaint but complainant did not get any response from OP1. The complainant made a call to customer care of OP2 on 12.3.2015 and registered the complaint under complaint No. 555885. The complainant stated that few days later a person namely Atul had come to his house and assured that the required part of LCD shall be replaced but did not so. Yet again on 21.3.2015 the complainant had registered a complaint vide complaint No. 557231 and spoke to one Sh. Naresh Kumar from customer care who also did not help the complainant and rather misbehaved with him. The complainant states that the LCD in question is still not functioning properly there is total non-corporation from the OPs. On 10.4.2015 a Legal notice was sent to OPs despite which no action was taken by OPs. The complainant therefore alleges that he has been suffering physically and mentally due to deficiency in service and filed the given complaint and prayed for :-

1. refund/replacement of the LCD     
2. pay the compensation of Rs. 1,00,000/-
3. pay Rs. 10,000/- as litigation expenses.

 

 

Complainant has annexed copy of invoice dated 22.5.2012, copy of warranty card, copy of legal notice dated 10.4.2015 alongwith postal receipts, all with receipts to the said LCD, election I card alongwith the complaint.

2. Notice were served upon OPs but none appeared on their behalf hence, they were proceeded against Ex-parte.
3. Ex-parte evidence by way of affidavit was filed by the complainant.
4. We have heard the complainant and have perused the material placed on record. We are on the considered opinion that OPs have failed to put forth any defence and not taken any sincere steps to address the grievance of the complainant thereby causing him mental pain and agony by committing deficiency in service in as much as the OPs have failed in their legally bound duty to made good the defects in the LCD in question.
5. Under the facts and the circumstances of the case it is hereby ordered that OPs are directed to refund the price of LCD, i.e. Rs. 22,000/- (Rupees Twenty Thousand only) alongwith interest @ 9% p.a. from the date of filing of complaint till realization to the complainant. We also award the compensation of Rs. 7,000/- (Rupees Seven Thousand only) towards litigation expenses as well as for mental pain and agony to the complainant. This order is to be complied with by OP within 30 days from the date of receipt of copy of this order. 
6. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7. File be consigned to record room.

(Announced on  02.11.2017)   

 

(N.K. Sharma) President

(Sonica Mehrotra) Member