BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Ashok Sobti son of Late Sh.S.L.Sobti, aged 57 years, r/o H.No.3316, Sector 24-D, Chandigarh.

…..Complainant

                                      V E R S U S

1.       M/s Philips Electronics India Limited, having its Corporate Office and Northern Regional Office, DLF 9-B, DLF Cyber City, Sector 25, DLF Phase 3, Gurgaon – 122002, through its Managing Director & CEO.

Second address for service

M/s Philips Electronics India Limited, Corporate Center, Opp, Hotel VIST, Andhari Kuria Road, Andheri (East), Mumbai-400059, through its Managing Director & CEO.

2.       M/s Bhagwati Enterprises, SCO No.2481, Sector 22-B, Chandigarh, through its Partner Mr.Vijay Dutta & Mr.Vinay Dutta.

                                                ……Opposite Parties

CORAM:     SH.P.D.GOEL                                    PRESIDENT

                   SH.RAJINDER SINGH GILL               MEMBER

                   DR.(MRS) MADANJIT KAUR SAHOTA  MEMBER

Argued by:    Sh.Neeraj Sobti, Counsel for the complainant.

                        Sh.Nirmal Singh Jagdeva, Counsel for the OPs

PER P.D.GOEL,PRESIDENT

1.           Briefly stated, the facts of the case are that the complainant purchased the LED TV for a sum of Rs.28,500/- - Annexure C-3 from OP No.2 vide invoice dated 8.2.2012. The engineer of OP No.1 approached the premises of the complainant and installed/demonstrated the said LED TV on 9.2.2012.

              It is the allegation of the complainant that at the time of demonstration, the engineer of OP No.1 failed to demonstrate the ‘INCREDIBLE SURROUNDS’ as displayed on the sticker of the LED TV from the button on the remote control of the TV as there is no button available on the TV itself to activate the said feature. The said engineer after struggling for about 15 minutes with remote, informed the complainant that the said feature is not available in the TV. The complainant immediately lodged a complaint at toll free number of OP No.1. On 11.2.2012, the complainant received a call from Mr.Sumit (training engineer) that the said feature will not be activated in the LED TV. Mr.Manish Arora very cleverly clarified to the complainant that the said feature as displayed on the LED TV is in-built, so did not work through remote control.

              It is further the case of the complainant that the other feature as displayed over the sticker “PERFECT MOTION RATE 120 HZ” did not find mention in the user manual nor it was found mentioned in the specifications given by OP No.1 at the website. Hence, this complaint.

2.           OPs No.1 & 2 filed the joint reply, wherein, the purchase of LED TV had been admitted. It is pleaded that the features mentioned on the sticker or in the technical specifications are available in the TV. The complainant selected the LED TV in question of his own ; so there is no question of any allurement by the OPs. It has been denied that the engineer of OPs failed to demonstrate the features of the TV.

              It has been stated that the feature of Incredible Surround is an inbuilt feature in the TV and did not activate with remote. It was not published in the advertisement that Incredible Surround function will operate from remote. The features mentioned on the sticker are very much available in the TV.        

              It is denied that the Perfect Motion rate of 120 Mhz was not available in the TV. The allegation leveled by the complainant is baseless and technical in nature and is not supported by the report of any Technical expert. Denying all the material allegations of the complainant and pleading that there has been no deficiency in service on their part and prayer for dismissal of the complaint with costs has been made.  

3.           Parties led evidence in support of their contentions.

4.           We have heard the learned Counsel for the parties and have also perused the record. 

5.           The learned Counsel for the complainant argued that the complainant purchased LED TV for a sum of Rs.28,500/- - Annexure C-3 from OP No.2. The Engineer of OP No.1 installed the LED TV on 9.2.2012 at the premises of the complainant.  At the time of demonstration, the Engineer failed to demonstrate the ‘INCREDIBLE SURROUNDS’ as displayed on the sticker of the LED TV from the button on the remote control of the TV. It was further argued that the Engineer after struggling for about 15 minutes with remote, disclosed that the said feature is not available in the TV. It was further argued that the officials of the OP cleverly clarified to the complainant that the disputed feature as displayed on the LED TV is in-built, so did not work through remote control.   It was further argued that the other feature as displayed over the sticker (PERFECT MOTION RATE 120 HZ) did not find mention in the user manual nor it was found mentioned in the specifications at the website.

6.           The learned Counsel for OPs at the very outset admitted with regard to purchase of the LED TV by the complainant. That the features mentioned on the sticker or in the technical specifications are available in the TV. The feature of Incredible Surround is an inbuilt feature in the TV, so did not activate with remote. It was further argued that it was not published in the advertisement that incredible surround function will operate from remote. The features mentioned on the sticker are very much available in the TV.  It was lastly argued that the Perfect Motion rate of 120 Mhz is available in the TV.

7.           The OP has produced on record the affidavit of Sh.Raghuvinder Singh working as Service Engineer in the office of M/s Apex Services (authorized service centre for PE Electronics Ltd.), stating therein, that he is Company Engineer working for PE Electronics Limited having experience as Electronic Engineer of 23 years. That he inspected the model No.32 PFL 4356V7 and checked the specification physically. That the function of “Incredible Surround” is an inbuilt function of this model of LED TV and thus, it cannot be activated from TV remote. He has also deposed that the model in question has a feature or perfect motion rate of 120 MHz for clear vibrant images. The said affidavit filed by Sh.Raghuvinder Singh – Engineer, who is having 23 years experience as Electronic Engineer goes unrebutted and uncontroverted. In view of this, it is held that the function of “Incredible Surround” function is an inbuilt function in the LED TV in question, so it cannot be activated from TV remote.

8.           The learned Counsel for the OPs on 12.3.2012 stated that the OPs are ready to refund Rs.28,500/-, the price of LED TV, to the complainant by way of amicable settlement (as reflected in the zimini order dated 12.3.2012). Since the OPs are ready to refund Rs.28,500/- the price of the LED TV to the complainant, therefore, we do not want to go in further details of the matter, on merits. Admittedly, the OPs agreed to refund the amount of Rs.28,500/- to the complainant after filing of the complaint, therefore, he is entitled for compensation and litigation costs.

9.           As a result of the above discussion, the complaint is allowed and the OPs are directed to refund the amount of Rs.28,500/-, being the price of LED TV, to the complainant. OPs are also directed to pay a sum of Rs.10,000/- to the complainant as lumpsum compensation and litigation costs.

10.         This order be complied with by the OPs within one month from the date of receipt of its certified copy, failing which, OPs shall be liable to refund the awarded amount to the complainant along with interest @ 12% p.a. from the date of filing of the complaint, till its realization besides Rs.10,000/- as lumpsum compensation and litigation costs.

11.         The certified copies of this order be sent to the parties, free of charge. The file be consigned.