Delhi

West Delhi

CC/18/476

VIKAS KUMAR - Complainant(s)

Versus

MICROMAX INFORMATICS LTD. - Opp.Party(s)

24 Feb 2020

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)-III

 

CASE NO. 476/2018

 

SH. VIKAS KUMAR

ADD- 346. RGB FLATS, 1^ST FLOOR,

GALI NO. 9, BEHIND CEMENT GODAM,

RAGHUBIR NAGAR, NEW DELHI-110027.                       …..Complainant

 

VERSUS

MICROMAX INFORMATICS LTD.

ADD- 288A, UDYOG VIHAR, PHASE-IV,

GURUGRAM-122015.                                                     ….. Opposite Party-1

 

RIDDHI ENTERPRISES

ADD-WZ-1A, ASALATPUR, JANAKPURI,

A2 BLOCK, NEW DELHI-110058.                                     ….. Opposite Party-2

 

 

O R D E R

 

PUNEET LAMBA, MEMBER

 

        The complainant has filed a present complaint against OPs under section 12 of the Consumer Protection Act, 1986. Brief facts as stated by the complainant for the disposal of the present complaint are that he purchased one Television of make Micromax on 08.05.2017 for a sum of Rs. 33,999/-. The T.V. had  issue regarding sound since inception the complainant requested OP to replace the TV but OP told that it was fine. But when the OP-2 insisted changed the panel of the TV in month of January. Again, on 10.09.2018 the same problem developed and the complainant approached OP-2. The engineer of OP-2 visited the premises of the complainant and told that there was issue regarding the motherboard and would be replaced after 10 days but after 10 days no one contacted and the complainant again wrote e-mail on 25.09.2018, OP again told that the TV Panel is faulty and there is issue with motherboard and they would replace it with New TV. But again the same TV with old panel was handed over to the complainant. Despite request the grievance of the complainant was not redressed. Hence, the present complaint.

          After notice, none put in appearance on behalf of OP-1 & OP-2 and accordingly were proceeded ex-parte vide order dated 08.05.2019.

 

          When the complainant was asked to file ex-parte evidence, he filed ex-parte affidavit of evidence reiterating the facts of the complaint on oath and relied on copy of invoice dated 08.05.2017, copy of extended warranty text message, copies of e-mail communications with OP-2, copy of job-sheet dated 15.10.2018, copy of letter dated 20.11.2018.

          We have heard complainant in person and gone through the material on record carefully and thoroughly.

          From the perusal of the documents, it reveals that the product in question was purchased on 08.05.2017 for a sum of Rs. 33,999/- with extended warranty. It reveals from e-mail communications with OP-2 that the first communication was made on 01.01.2018 the OP-2 regretted inconvenience caused to the complainant and the job-sheet dated 15.10.2018 shows that the product in dispute was lifted to the working from the premises of complainant by OP-2. However, further one month again OP-2 wrote letter to the complainant admitted that there is same defect in the LED TV and requested to lift the product in dispute. The complainant on 19.12.2018 during the proceedings submitted that the LED is already lifted by the authorize service centre of OP-1. The complainant has been able to show the documentary proof that the LED in dispute is defective and Ops are unable to rectify the same. OPs chose not to appear and defend their version despite notice. The version of the complainant remains unrebutted and unchallenged and there is no reason to disbelieve the version of the complainant which is testified on oath. It has been revealed vide letter dated 20.09.2018 and job-sheet dated 15.10.2018 that the LED TV has some “Display Issue” which is major defect. Therefore, both OP-1 & OP-2 are negligent and deficient in service by not rectifying the same.

          Keeping in view of above discussions and observations, we direct OP-1 & OP-2 jointly and severally to refund a sum of Rs. 33,999/- (Rupees Thirty Three Thousand Nine Hundred Ninety Nine Only) to the complainant and further we award a sum of Rs. 2,500/- (Rupees Two Thousand Five Hundred Only) within 45 days from the date of order failing which OP-1 & OP-2 shall be liable to pay interest @ 6% per annum from the date of filing the complaint till actual realization.

          File be consigned to Record Room.

          Copy of this order be given as per rules.

          Pronounced on _____24___ February, 2020.

 

 

(PUNEET LAMBA)                             (S.S SIDHU)                               (K.S. MOHI)

  MEMBER                                          MEMBER                                  PRESIDENT