Haryana

Ambala

CC/42/2022

Ashish Kumar Gupta - Complainant(s)

Versus

M/s Chawla Electronics - Opp.Party(s)

Harpreet Kaur

03 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA

 

                                                                      Complaint case no.        : 42 of 2022

                                                                      Date of Institution         : 03.02.2022

                                                                        Date of decision    : 03.06.2024

 

Shri Ashish Kumar Gupta son of Shri Ashok Kumar Resident of House No.49, Shivalik Colony, Singhawala, Ambala.

……. Complainant.

                             Versus

 

1.  M/s Chawla Electronics, Prop. Shri Rajesh Kumar Chawla, Court Road, Near Manav Chowk, Ambala City 134003. Authorized Dealer Onida, Ambala City Mob.93155-51376

2.  Adonis Electronics, Plot no.27, Sector No.3, HSIDC, Near Namste Chowk, Karnal, Haryana 132001, Service Centre, Onida Haryana, Shri Naveen Area Head Haryana Mob.91369-16581.

3.  Onida MIRC Electronics Limited, Onida House, G.I MIDC, Mahakali Caves Road, Andheri (E), Mumbai 400093. Ph No.74909-55555, 02228200435.        

 ….…. Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                       Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Harpreet Kaur, Advocate, counsel for the complainant.

                     Defence of OP No.1 already struck off.

                    Shri Abhisham Verma, Advocate, Counsel for OPs No.2 & 3.

Order:        Shri Vinod Kumar Sharma, Member.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To return the original amount of Rs.16,300/- which was paid as 6000/- down payment on 10.07.2020 and rest were deducted from the account of the complainant as monthly installments Rs.1359/- per month through Bajaj Finance 11.08.2020 to 02.03.2021 alongwith interest @18% per annum on the amount of Rs.16,300/- from the date of deduction i.e 10.07.2020, till date of entire payment, to the complainant.
2. To pay Rs.50,000/- on account of compensation for causing deficiency in services and unfair trade practice and harassment, mental torture and agony.

(iii) To pay Rs.20,000/- as litigation costs.

(iv) Grant any other relief which this Hon’ble Commission may  deems fit.

 

            Brief facts of the case are that the complainant visited OP No.1, M/s Chawla Electronics (Prop. Shri Rajesh Kumar Chawla), Court Road, Near Manav Chowk, Authorized Dealer Onida, Ambala to purchase a LED. The complainant purchased a 32” Onida Colored LED, invoice No.18832 on 10.07.2020, amounting of Rs.16,300/- from OP No.1. Complainant paid Rs.6,000/- as down payment in cash and rest of amount on installments from Bajaj Finance Limited. At the time of purchasing LED, OP No.1 handed over the original bill to the complainant with a warranty of two years. Complainant while trusting upon the contention of OP No.1 purchased the colored LED which cost Rs.16,300/-. After just six months in the month of February dated 20.02.2021, complainant noticed some white horizontal lines appear on the LED screen. Initially the number of lines was few but with the passage of time the lines increase to the huge number. In the month of September 2021 Complainant approached the OP No.1 and asked to fix the said problem or exchange the defected LED. OP No.1 assures the complainant that he will fix the problem very soon. When the complainant again approached OP No.1 on 05.11.2021, then he asked the complainant to lodge a complaint to Onida customer care, Onida MIRC Electronics Limited, Onida House, G.I MIDC, Mahakali caves Road, Andheri (E), Mumbai-400093, the OP No.2 and also to approach Onida Service Centre, Haryana, the Op No.2. On 09.11.2021, complainant lodged a complaint No.211Q536380032, to the OP No.3 regarding the defected LED. After two days, complainant again calls to OP No.3 on 11.11.2021. A local Senior Technician Mr. Kamal from Onida Company visited the complainant door and inform the complainant that the penal of the LED is corrupted and needs to be replaced which would cost almost Rs.14,000/- excluding service charges. Complainant approached to Mr. Naveen the area head of Service Centre of Op No.2 to exchange the defected LED as per the warranty. Service centre of OP No.2 assured the complainant that OP No.2 will replace the corrupt LED within 15 days. Complainant tried to communicate with all the above mentioned OPs regarding the defected LED but all in vain. After waiting for almost more than 20 days, the complainant was informed by OP No.1 and OP No.2 that they are not responsible for the same and thus the OPs have turned down the genuine and legitimate requests of the complainant. Complainant lodged a complaint on 21.12.2021 online portal. The complaint number/grievance number is 3174048. Same was replied by the company on 06.01.2022, which was not satisfactory and the company did not mention any specific time period or date from the OPs. Because of the attitude of OPs, complainant has to harass and suffered mental, physical and monetary loss. Hence, the present complaint.

2.           Despite availing number of opportunities, after putting appearance, when OP No.1 did not file written version, their defence was struck of by this Commission vide order dated 24.01.2023.
3.           Upon notice, OP Nos.2 & 3 appeared and filed written version and raised preliminary objections with regard to maintainability etc. On merits, it is stated that on the occasion of Diwali Festivals i.e on 04.11.2021, the complainant has got white washed his house and clean the LED Screen with wet clothes on account of which the LED get mositure and after it the complainant himself tried to remove the defect received by LED and by his own wrong act of complainant, the LED started disturbance. The alleged defect was caused by the complainant himself, the OPs No.2 and 3 are not liable in any manner.  Rest of the averments of the complainant were denied by the OP No.2 and prayed for dismissal of the present complaint with heavy costs.
4.           Learned counsel for the complainant tendered affidavit of complainant as Annexure CW1/A alongwith documents as Annexure C-1 to C-9 and closed the evidence on behalf of the complainant. On the other hand, learned counsel for the OPs No.2 and 3 tendered affidavit of Kamal Rawat, Ambala designated as Area Service Manager Onida MIRC Electronics Limited, Onida House, G-1, M.I.D.C Mahakali Caves Road, Andheri (East), Mumbai-400093 as Annexure OPW2/A alongwith document as Annexure OP2/1 and closed the evidence on behalf of the OPs No.2 & 3.
5.           We have heard the learned counsel for the complainant and learned counsel for the OPs No.2 & 3 and have also carefully gone through the case file.
6.           It is proved on the file that complainant had purchased LCD TV from the OP No.1 vide bill dated 10.07.2020 for amounting Rs. 16,300/- as per Annexure C-1. The complainant has mentioned in her complaint she paid Rs.16,300/- to OP No.1. The main grievance of the complainant in this case that after just six months in the month of February dated 20.02.2021, complainant noticed some white horizontal lines appear on the LED screen. Initially the number of lines was few but with the passage of time the lines increase to the huge number. In the month of September 2021 Complainant approached the OP No.1 and asked to rectify the said problem or exchange the defected LED. OP No.1 assures the complainant that he will rectify the problem very soon. When the complainant again approached OP No.1 on 05.11.2021, then he asked the complainant to lodge a complaint to OP No.2 i.e. Onida customer care, Onida MIRC Electronics Limited, Onida House, G.I MIDC, Mahakali caves Road, Andheri (E), Mumbai-400093. Thereafter, complainant lodged a complaint No.211Q536380032, to the OP No.3 regarding the defected LED. After two days, complainant again called to OP No.3 on 11.11.2021. A local Senior Technician Mr. Kamal from Onida Company visited the complainant house and informed the complainant that the penal of the LED is corrupted and needs to be replaced which would cost almost Rs.14,000/- excluding service charges. Complainant approached to Mr. Naveen the area head of Service Centre of Op No.2 to exchange the defected LED as per the warranty. Service centre of OP No.2 assured the complainant that OP No.2 will replace the corrupt LED within 15 days. Complainant tried to communicate all the OPs regarding the defected LED but all in vain. After waiting for almost more than 20 days, the complainant was informed by OP No.1 and OP No.2 that they are not responsible for the same and thus the OPs have turned down the genuine and legitimate requests of the complainant. Complainant lodged a complaint on 21.12.2021 online portal. The complaint number/grievance number is 3174048. Same was replied by the company on 06.01.2022 (Annexure C-8). On the other hand, the main point of argument of the counsel for OP No.2 and 3 is that on the occasion of Diwali Festival i.e. 04.11.2021 the complainant has got white washed his house and clean the LED Screen with wet clothes on account of which the LED get mositured and after it the complainant himself tried to remove the defect in LED at his own. The alleged defect was caused by the complainant himself, the OPs No.2 and 3 are not liable in any manner but in support of these contention, the OP No.2 and 3 failed to place on record any cogent evidence. Under these circumstances, it can easily be said that the act of the OPs in neither replacing the defective LED nor compensating the complainant for supplying defective LED nor refunding the amount paid by the complainant towards the said LED, amounts to deficiency in providing service, which has definitely caused a lot of mental agony and harassment, including financial loss to the complainant.
7. .                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, jointly and severally, in the following manner:-

(i)      To refund the amount Rs.16,300/- which was paid by the complainant at the time of purchase alongwith interest @ 6% per annum from the date of filing of this complaint till its realization subject to returning the LED TV in question alongwith its accessories by the complainant to the OPs.

(ii)     To pay Rs.5,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.   

(iii)    To pay Rs.3,000/- as litigation expenses.

                   The OPs are further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OPs shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 03.06.2024.

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President