BEOFRE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO. 230 of 2015
DATE OF INSTITUTION: - 12.08.2015
DATE OF ORDER: - 18.04.2016
Pawan Kumar aged about 44 years, son of Shri Khoob Chand, resident of 23, Adrash Nagar, Old Bus Stand K Samne Bhiwani City, Tehsil and District Bhiwani.
……………Complainant.
VERSUS
- Firm M/s Electronics Point, Near Ch. Bansi Lal K Kothi, Hansi Road, Bhiwani through its Proprietor Deepak.
- M/s Grewal Electronics Haier Company Ka Service Centre near ECHS Army Hospital K Samne Vijay Nagar Colony, Hansi Road, Bhiwani.
- Haire India, B-1/A-14, Mohan Co-op Industrial Estate, Mathura Road, New Delhi through its Incharge/Managing Director.
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE :- Shri Rajesh Jindal, President
Smt. Ansuya Bishnoi, Member
Present:- Complainant in person.
OPs exparte.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that on 03.11.2013 he had purchased one LED 32 inchi model 32 M-600 amounting to Rs. 23,500/- from OP no. 1. It is alleged that the OP no. 1 was given one year full warranty and three year warranty for the penal of the LED. It is alleged that there is defect in the penal of the LED but the Ops failed to remove the defect in the penal of the LED. It is alleged that the OP no. 1 not mentioned the serial number of the LED in the bill. The complainant further alleged that due to the act and conduct of the opposite parties, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of OPs and as such he had to file the present complaint.
2. OPs no. 1 to 3 have failed to come present. Hence they were proceeded against exparte vide orders dated 12.10.2015 & 11.01.2016.
3. In order to make out his case, the complainant has placed on record Annexure C-1 alongwith supporting affidavit.
4. We have heard the complainant in person and perused the documents.
5. The complainant submitted that the OP no. 1 has given one year full warranty and three year warranty for the penal of the LED. There is defect in the penal of the LED but the Ops failed to remove the defect in the penal of the LED. He is submitted that the Ops are demanding the serial number of the LED for making the necessary repairs in the penal of the LED. He submitted that the OP no. 1 has not mentioned the serial number of the LED in the bill Annexure C-1.
6. We have perused the bill Annexure C-1. No serial number of the LED has been given in the said bill. It is a duty of the seller to give the serial number of the article at the time of the selling of the unit to the customer. The customer or the consumer cannot be denied to give service on the ground of non-availability of serial number of the good. The failure on the part of the OP no. 1 not to mention the serial number in the bill and the denial on the part of OP no. 2 & 3 to repair the penal of the LED of the complainant for want of serial number amounts to deficiency in service. Keeping in view the facts and circumstances of the case, we partly allow the complaint of the complainant and direct the Ops to repair the LED of the complainant by replacing the defective parts and deliver it to the complainant in working order. The Ops are directed to pay Rs. 1,000/- as compensation to the complainant. This order be complied with by the Ops within 30 days from the date of passing of this order. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum
Dated:.18-04-2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi),
Member
