Punjab

Sangrur

CC/112/2017

Azeem (Jimmy) - Complainant(s)

Versus

M/s Punjab Electric World - Opp.Party(s)

Sh.Mohd. Izhar

05 Jun 2017

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 112                                                                                        

                                                                   Instituted on:  24.03.2017

                                                                   Decided on:    05.06.2017

 

Azeem @ Jimmy aged about 28 years son of Mohd. Khalid resident of Khatikan Moriwala Mohalla, Malerkotla, District Sangrur.  

                                                …. Complainant.                      

                                 Versus

1. M/s Punjab Electronics World, Near Main Post Office, Sadar Bazar, Malerkotla, District Sangrur through its proprietor/ partner.
2. Aiwa Electronics Pvt. Limited, J-38/221, Sagarpur, New Delhi-110046 through its M.D.
3. Aiwa India, Head Office A-31, Mohan Cooperative  Industrial Estate, Mathura road, New Delhi-110044 through its M.D.

4.       Aiwa Service Centre / Sony Service Center, Narayan Vihar, New Delhi, Star Electronics, A-9, Ground Floor, C-Block, Community Center, Narayan Vihar, New Delhi, through its Manager/ Proprietor.  

        ….Opposite parties.

 

FOR THE COMPLAINANT:        Shri Mohd. Izhar, Advocate                            

 

FOR THE OPP. PARTIES    :       Exparte.         

 

Quorum

         

                    Sukhpal Singh Gill, President

Sarita Garg, Member

Vinod Kumar Gulati, Member

     

           

 

ORDER:  

 

 

Sukhpal Singh Gill, President

 

1.             Azeem @ Jimmy complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he purchased  a LED Aiwa 32" with Videocon Dish from OP no.1 for Rs.19500/-  vide bill no.166 dated 06.11.2015. On 15.09.2016 said LED started giving problem in respect of display etc. for which OP no.1 was approached  and OP no.1 repaired the same.  In the month of October and November 2016 the LED gave same problem for which OP no.1 again approached and OP no.1 charged Rs.1400/- after repairing the same.  Thereafter in the last week of December 2016 the said LED gave same problem and  the LED was left with the OP no.1  but on 10.01.2017 the LED was returned without any repair. Thereafter the complainant got checked the said LED from a mechanic at Malerkotla who  disclosed that the LED  is dead and not repairable. It is clear that OP no.1 is not authorized retailer to sell the Aiwa LED  however the bill issued  by the OP no.1 without any serial number . Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to refund  the price  of said Aiwa LED i.e. Rs.19500/- alongwith interest @18% per annum from the date of purchase till realization, ii)        OPs be directed to pay to the complainant a sum of Rs.50000/- as compensation   on account of mental agony, harassment and to pay Rs.11000/- as litigation expenses.

2.             Notices were issued to the OPs but despite service OPs did not appear and as such they are proceeded exparte.

3.             In his exparte evidence, the complainant has tendered documents Ex.C-1 to Ex.C-7 and closed evidence.

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant purchased  a LED Aiwa 32" with Videocon Dish from OP no.1 for Rs.19500/-  which is evident from vide bill no.166 dated 06.11.2015 Ex.C-1. It is specific case of the complainant that on 15.09.2016 said LED started giving problem in respect of display etc. for which OP no.1 was approached  and OP no.1 repaired the same.  In the month of October and November 2016  the LED gave same problem for which OP no.1 again approached and OP no.1 charged Rs.1400/- after repairing the same.  Thereafter in the last week of December 2016 the said LED gave same problem  and  the LED was left with the OP no.1  but on 10.01.2017 the LED was returned without any repair. In support of his case, the complainant has produced on record report of a mechanic namely Mohd. Ishhaq Ex.C-5 who opined that on 15.2.2017 he checked the said LED of the complainant  and found that display tube  was damaged  which cannot be repaired. He also found that  said LED is not of original Aiwa Company rather the same has been assembled  by marking  of Aiwa Company symbol. The OPs have not come forward to contest the case of the complainant rather they chosen to remain exparte.   

6.             For the reasons recorded above, we find it is not a case of deficiency in service but also there is unfair trade practice on the part of OP no.1.  As such we allow the complaint and direct the OP no.1 to either replace the LED of the complainant with an original Aiwa Company  or in the alternative to refund the price amount i.e. Rs.19500/- to the complainant. We further direct the OP no.1 to pay to the complainant a sum of Rs.5000/-  being compensation on account of mental, pain agony and harassment and also to pay Rs.2000/- as litigation expenses.  

7.             This order of ours shall be complied with  within 60 days from the receipt of copy of the order.  Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                  

                 Announced

                June 5, 2017

 

 

 

( Vinod Kumar Gulati )  ( Sarita Garg)       (Sukhpal Singh Gill)                                                                                                       

 Member                    Member                            President