Punjab

Ludhiana

CC/19/201

Baldev Krishan - Complainant(s)

Versus

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

Rajesh Kumar Adv.

01 Oct 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:201 dated 29.04.2019.                                                         Date of decision: 01.10.2021. 

 

Baldev Krishan Son of Sh. Jagan Nath, R/o.# 346 A, House No.346-A, Near Air Force Masjid New Abadi Akalgarh, Ludhiana.                                                                                                                         ..…Complainant

                                      Versus

1. M/s. Jindal Electronic Raikot Road, Sudhar Bazar, Near Bus Stand, Ludhiana through its Prop. Vikram Jindal.
2. Vikram Jindal, Prop. of M/s. Jindal Electronic Raikot Road, Sudhar Bazar, Near Bus Stand, Ludhiana                                                                                                                                …..Opposite parties 

Complaint under Section 12 read with Section 14 of the     Consumer           Protection   Act.

 

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

COUNSEL FOR THE PARTIES:

For complainant             :         None.

OPs                                :         Exparte.

ORDER

PER K.K. KAREER, PRESIDENT

1.                Shorn of unnecessary details, the case of the complainant is that he purchased Bush brand LED from OPs for a sum of Rs.33,000/- vide invoice No.1106 dated 14.11.2018. After about 10 days, the complainant came to know that the LED was not genuine and it was an assembled product. The complainant contacted the OPs, but they did not pay any attention. After 12-13 days of purchase, the LED got damaged and stopped working. When the complainant approached the OPs, they refused to exchange the same. This amounts to deficiency of service on the part of OPs. In the end, it has been requested that the OPs be directed to approve the claim of the complainant and be made to pay compensation of Rs.50,000/- and litigation expenses of Rs.25,000/-.

2.                Upon notice, the OPs did not appear despite service and were proceeded against exparte.

3.                In exparte evidence, the complainant submitted his affidavit Ex. CA with document Ex. C1 and closed the evidence.

4.                None has been appearing in this case on behalf of the complainant. However, we have gone through the record.

5.                In the affidavit Ex. CA, the complainant Baldev Krishan has reiterated the entire case set forth in the complaint. He has further produced on record the invoice Ex. C1 vide which Bush LED 55 inch was purchased by the complainant from the OPs. It is mentioned in the invoice Ex. C1 itself that the product was carrying a warranty of one year. Though it has been alleged that the LED stopped working just after 12-13 days, but the complainant has not led any evidence as to exactly which defect or snag developed in the LED. The complainant has further not examined any engineer or mechanic as a witness in this case to prove an exact nature of the defect which the product started suffering from within a span of 10-15 days. In any case, since the produce was under warranty, the OPs were under an obligation to repair the same and restore it into a working condition. Since it was not done, it definitely amounts deficiency of service on the part of the OPs.

6.                As a result of above discussion, the complaint is allowed with an order that the OPs shall either repair and restore the LED to a running condition to the satisfaction of the complainant. In case the OPs are not able to repair it, they shall replace and hand over a new LED of similar size and features to the complainant. The OPs are further burdened with a composite costs of Rs.5,000/- (Rupees Five Thousand only) to be paid to the complainant. Compliance of the order be made within 30 days from the date of receipt of the copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

7.                Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:01.10.2021.

Gobind Ram.