Orissa

Cuttak

CC/64/2016

Dolly Kedia - Complainant(s)

Versus

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

H R Kedia

22 Dec 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                    C.C. No.64/2016

                Smt. Dolly Kedia,

W/O:Sri Binayak Kedia,

Binod Behari Lane,Balu Bazar,

Cuttack-753002.                                                                   … Complainant.

 

                Vrs.

 

1.         M/s. Patra Electronics,

Sector-6,C.D.A,Cuttack.                                  

 

2.        The Chairman,

Panasonic India (P) Ltd.,

       12^th Floor, Ambience Island,N.H-8,

                         Gurgaon

 

3.        The Managing Director,

Panasonic India (P) Ltd.,

SPIC Building Annexe,6^th Floor,

No.88,Mount Road,Guindy,Chennai.

 

4.        M/s. R.S.Electronics,

Opp. Hero Motor Cycle Show Room,

M/s. Sunny Hero,Kanika Chhak,Cuttack.                                … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

                                Sri Bichitrananda Tripathy, Member

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   06.05.2016

Date of Order: 26.12.2016.

 

For the complainant:                             Sri Hari Ram Kedia,Adv. & Associates.

For the Opp.Party No.1,2 & 3:             Sri Raja Prasad Choudhury,Authorised Person.

 

Sri Dhruba Charan Barik,President.

                The complainant has filed this case against the O.Ps  alleging  deficiency in service and unfair trade practice on their part and seeking appropriate relief against them as prayed in the complaint petition.

1. The complainant’s case reveals that on 14.9.2013 she had purchased two nos. of Panasonic LED T.V having Model No.29B6DX and Sl. Nos.E02600 & E03221 vide Invoice No.PEC/CREDIT/2585 for Rs.42,000/- from the O.P.1.  The above two LED T.Vs were having the warranty coverage for 3 years till 13.09.2016.  Annex-1 is the copy of the invoice filed in this case.
2. The performance of the above two T.Vs was up to the satisfaction of the complainant until middle of December,2015.  Subsequently thereafter one T.V having sl.no.E03221 went out of order and no picture appeared on the T.V screen.  The husband of the complainant thereafter lodged a complaint bearing No.2112150791797 dt.20.21.12.2015 in the Company’s Toll Free Help line No.1800-103-1333.  About two days thereafter, the agents of the said Company came and checked the defective T.V and thereafter removed it from the wall and took it with them on submission of a printed receipt to this effect to him.  Annex-2 is the copy of the said receipt supplied to the husband of the complainant.  About two days thereafter they installed the defective T.V in the house of the complainant after due repair.  But as ill luck would have it the said T.V again went out of order in the very next day of its installation.  The same defect was repeated.  Subsequent complaint was lodged by the husband of the complainant with the O.Ps vide request No.R010116000815.  The technician of the O.Ps again took that defective set to the service centre for repair.  On 4.1.2016 they called the husband of the complainant over phone and expressed their inability to remove the defects which are apparently manufacturing defects.  In subsequent occasions, the husband of the complainant although admitted to have requested the O.Ps to provide necessary service for repair of the defective T.V but of no avail.  The complainant and her husband had undergone serious mental tension and hardship for being deprived of enjoying the T.V programmes due to deficiency in service on the part of the O.Ps.  They even hire a portable T.V. to pass their time at a monthly rent of Rs.500/-.  On 5.4.16 an advocate’s notice was sent to the O.Ps on behalf of the complainant.  Annex-3 is the copy of the said advocate’s notice.  Subsequently another advocate’s notice was also sent to O.P.3 on 19.4.16 by speed post.  Aannex-4 is the copy of the said advocate’s notice.  The husband of the informant had also approached the ASM of the O.P Company over his mobile phone to provide necessary service but the latter out rightly denied to render any assistance.  Thereafter the complainant was constrained to file this case before this Forum with a prayer to replace the defective T.V by a new defect free one with fresh warranty or to refund the cost of the said T.V., together with interest @ 12% per annum, to award Rs.50,000/- towards compensation as well as Rs.5000/-  towards hiring charges of a portable T.V from April,2016 till the date of payment.  He has further prayed to direct the O.Ps to pay Rs.10,000/- to her towards litigation expenses in the interest of justice.
3. The name of O.P No.4 has been deleted from this case as per the prayer of the complainant.  O.Ps 1,2 & 3 although appeared yet no version of their case was filed and as such they were set exparte.
4. We have gone through the case records and the documents of the case.  We have also heard the learned counsel for the complainant and the authorized person Sri Rajendra Prasad Choudhury for O.Ps 1 to 3.
5. During course of argument the said authorized person of the O.Ps 1 to 3 has admitted that he has entered into compromise with the complainant and has agreed to replace the old defective T.V set by a new defect free LED T.V with new version as a special case.  It is further submitted that the said replacement will be made within a period of 15 days.  He has also filed a memo to this effect signed by him.

ORDER

The prayer of the complainant is allowed exparte against O.P No.1 to 3.  But in the facts and circumstances  discussed above, the O.Ps 1 to 3 are directed to provide a new defect free LED T.V to the complainant as per the memo filed by the authorized person of O.Ps 1 to 3.  They are also further directed to pay Rs.5000/- towards compensation and Rs.3000/- towards litigation cost to the complainant.  This order shall be given effect to within 45 days of receipt of this order.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 26^th    day of December, 2016 under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                     President.

                                                             

                                                                                                               (Sri B.N.Tripathy )

                                                                                                                      Member.

                                                                                                            (Smt. Sarmistha Nath)

                           Member(W)