MR LAXMI NARAYAN PADHI, PRESIDENT…                        The case is that, the complainant had purchased a LG 28LB 452A LED Tv, on dt.18.08.2015 from OP.no.1 bearing its Sl no.409PLRS002998 for Rs.20,500/- vide bill no.2296 of OP.1. That after purchase of six months, the Set reported blurred vision with a big spot on the screen and some horizontal thick lines at the up & bottom side of the Tv etc. So the complainant approached the OP. No.1 on dt.22.7.15 who restricting his service simply advised him to contact the Company. On dt.11.08.2016 the complainant approached the OP.2 through toll free number i.e. 18003159999 and obtained a Ref. No. RNA160810063973 and also received messages at 18.46 & 18.47 hour but delivered no efforts to that effect. The complainant is a petty businessman but his wife being house wife as well as his school going kids restrained from watching TV, hence the complainant was regularly facing unrest in his family. The complainant again approached the OP.s for rectify or replace the set with a new one but neither of the OP.s taken any action, hence to contend that there is deficiency in service on the part of OP.s, for which he inflicted mental tension, and financial losses. Hence he craves the leave of this forum and prayed to direct the OP.s to pay the price of alleged set and a sum of Rs.50,000/- as compensation and cost of litigation.

2.         The counsel for OP.2 has entered his appearance and filed counter to contends that there is no any manufacture defect in the Tv rather the complainant himself misusing the LED and also challenged on the point of jurisdiction and contends nothing except some evasive and prototyped denials. The OP.1 neither appeared nor filed his counter in the case despite several chances given to him within its admission. Hence he set ex parte as per provisions of C.P.Act.1986. The complainant has filed certain relevant document in support of his claim. The complainant has been heard the case and perused the record. Considered.

3.         From the above submissions, it reveals that the complainant has procured the TV in question on dt.18.08.2015 and the same became defect with in valid warranty. It is seen that, the complainant several times approached the OP.s for repair, but the OP.s neither rectified the set nor replaced the same with a new one in spite of several persuasions. Observing the relevant evidences, submissions by the complainant, we are of the view that, the alleged LED set found defect within its valid warranty period but the OP.s failed to render any fruitful service to the complainant when requires. Thus the complainant suffered from mental agony with the defective set, and also inflicted financial losses due to the negligence and unfair practices of OP.s.

4.         The complainant appeared along with the alleged TV before this forum and we found defects as alleged by the complainant. From the above transactions and perusing the submissions filed by the complainant, it is found that, the OP.s despite receiving notice of this forum are failed to take any lenient action to settle the matter of complainant and there is nothing to reject the claim of complainant. On the above scenario we feel that the action of OP is illegal, unscrupulous, highhanded which attracts various provisions of C.P.Act 1986 hence amounting deficiency in service. So we found guilty on the part of OP.No.1. As thus the complaint is allowed against the OP.no.2 with costs.    

                                                    O  R  D  E  R

i.          The opposite party no.2 is hereby directed to pay the price of the set Rs.20,500/- (Rupees Twenty thousand & Five hundred) inter alia, to pay Rs.20,000/-(Twenty thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of receipt of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 30th day of Dec' 2016.

                       Sd/-                                                                         Sd/-

                    MEMBER                                                             MEMBER

Date of Preparation: 

Date of dispatch      :  

Date of received by                                                           

the A/A for Ops / Complainant  :

Initial of the dispatcher.            

                        Memo No_______________  Dtd…………………………

                        Copy to the parties concerned.

                                                                                                            MEMBER,DCDRF,

                                                                                                            NABARANGPUR.