Delhi

North

CC/226/2017

SUMIT BHATIA - Complainant(s)

Versus

M/S. JUNEJA ELECTRICALS & ANR. - Opp.Party(s)

SWATI RATHI

11 Apr 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No.: 226/2017

 

Sh. Sumit Bhatia

S/o Sh. Satyapal Bhatia

R/o H. No. 1266, Shorakothi

Gali Shiv Dass, Clock Tower

Delhi-110007                                                       …                       Complainant

 

                                                          Vs.

 

M/s Juneja Electricals

At: 7676B, Clock Tower

Near Amba Cinema

Subzi Mand, Delhi-110007                                 

Throught its Prop/Partners                                 …           Opposite Party No.1

 

M/s Toshiba India Pvt. Ltd.

At: 3^rd Floor, Building No.10

Tower-B, DLF Cyber City

Phase-II, Gurgaon,

Haryana-122002                                                 …           Opposite Party No.2

 

ORDER

11/04/2023

 

Ashwani Kumar Mehta, Member:

 

          The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986. The brief details of facts, as alleged by the Complainant in the Complaint, are that the Complainant had purchased a Toshiba LED TV Model 32P2305 E17X14402353K1 on 10.03.2015 vide Bill No. 4375 against payment of Rs.20,000/- from OP No.1 and it was having 3 years warranty. In February 2017, display of LED TV gone complexly blind and the Complainant immediately contacted OP No.1 who suggested the Complainant to lodge the Complaint with Customer Care of the OP No.2. Thereafter, on 01.04.2017, the Complainant had lodged the complaint with the OP No.2 vide request receipt No. TIPLSR4I0000345. In response the Technician of the OP No.2 visited the house of the Complainant on 28.04.2017 and after inspection/checking the LED, found that there was a problem in the Motherboard of the said LED and assured the Complainant that they will resolve this problem within one week but none turned up till date inspite of repeated requests & phone calls made by Complainant on various dates i.e. 28.04.2017, 24.05.2017 and  24.08.207 but complaint has not been resolved despite the fact that the warranty period of said LED was existing and valid. The Complainant has also given the notice/ written request on 24.05.2017 but no action has been taken by the OPs. It has also been stated in the complaint that the Complainant contacted the customer care on 24.08.2017, the customer care executives of the OP No.2 informed the Complainant that as per their records, their service center Jeevesh Technology Company has resolved the problem of the LED of Complainant. This was not correct because this Centre was dealing with the complaint of Gurgaon only, not of Delhi. Therefore, such records of the OP No. 2 was totally wrong and with collusive operation of the OP No.1 and OP No.2. Therefore, the Complainant has preferred this complaint praying for directions to:-

1.  Opposite Party to repair the LED upto complete satisfaction of the Complainant and to make the  LED properly operational;
2. Opposite Parties to pay compensation of Rs.5,00,000/- for the mental agony & pain and harassment to the complainant;
3. Pass an award of Rs.21,000/- in favour of the Complainant and against the OP towards the litigation charges & other expenses;
4. Any other relief or remedy which this Hon'ble Forum may deem fit and proper may also be passed in favour of the Complainant and against the Opposite Parties.

 

Accordingly, notices were issued to the OPs and in response to the Notice issued, the OP-2 has filed reply stating that the present complaint is liable to be dismissed because the Complainant herein has not approached with clean hands and not disclosed the facts and circumstances of the case in a truthful manner. The  LED TV set, as purchased by the Complainant was with 3 year warranty scheme and the benefit of the warranty period that started from the date of purchase of the LED TV, covered free repair of any part or parts of the products, if the defect was due to the faulty material or workmanship. It is further stated by the OP-2 that the Complainant after using the LED TV for Two (02) years approximately, called the customer care of the OP No.2 on 01.04.2017 as he was facing problem qua the display of the LED TV and a unique complaint number bearing SR No. TIPLSR4I0000345 was generated by the call center of the OP No.2. Upon receipt of said complaint from the Complainant, an engineer from authorised service center of the OP No.2 visited the premises of the Complainant in order to rectify the said defect and informed the Complainant that the PCB board of the LED TV was required to be replaced in order to make the LED TV functional. However, as the said PCB board was not available with OP No.2 and the same was required to be imported from outside India, thus the request for the same was placed before the procurement team of OP No.2 and the Complainant was informed that once the said panel will be available, same will be replaced by the service team of OP No.2 which will make the LED TV functional. A copy of the snapshots of the complaint SR No. TIPLSR4I0000345 taken out from the data base of OP No.2 have also been filed by the OP. Thereafter, the Complainant was informed about the non-availability of the PCB board of the LED TV in question and he agreed to return LED TV after OP No.2 pays him the refund amount as per necessary deduction from the invoice rate of the LED TV as per the policy of OP No.2. Accordingly, the Complainant was offered with a 'refund proposal' amounting to Rs.10,667/- (Rupees Ten Thousand Six Hundred and Sixty Seven Only) qua the LED TV to the Complainant after making necessary depreciations i.e. period for which it was used by the Complainant and after deduction of VAT amount. In light of the said proposal, the complaint i.e. SR No. TIPLSR4I0000345, was closed on 13.05.2017. A copy of screenshot for the closure of the complaint has been filed. Thereafter, the Complainant was contacted again for payment of the refund, the Complainant rejected the "refund proposal" for an amount of Rs.10,667/- (Rupees Ten Thousand Six Hundred and Sixty Seven Only) on one or other pretext and chosen to file the present complaint in order to illegally extort money from OP No.2. It is, therefore, contended by the OP-2 that the OP No.2 fairly offered the existing price of the LED TV, the question of any deficiency of services on part of OP No.2 does not arise.

It has also been stated that OP No.2 is still willing to refund the sum of Rs.10,667/- (Rupees Ten Thousand Six Hundred Sixty Seven Only) to the Complainant after making necessary deductions, as per policy/terms towards depreciation in value of the LED TV, which was continuously used by the Complainant since last two (02) years approximately.

          Accordingly, the matter has been examined in view of the facts of the case and averments/documents/evidence submitted by both the parties and it has been observed that Complainant has not stated anything to rebut the offer of settlement given by the OP-2. He is completely silent on this issue which can be termed as deemed admission of the version of the OP-2 about offer of settlement. This clearly proves the allegation of the OP-2 that the Complainant has filed this complaint with un-clean hands.

Though we are not inclined to allow this complaint in view of this factor yet this Commission is bound to watch and protect the consumer’s right, we, therefore, feel it appropriate in this matter to direct the OP-2 to pay Rs.10,667/- (Rupees Ten Thousand Six Hundred Sixty Seven Only) to the Complainant and pick up the defective LED from his place within thirty (30) days from the date of this order. No compensation is allowed to the complainant. Though the OP-1 has not responded to the notice issued by the Commission, no deficiency in service has been observed on his part

Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

ASHWANI KUMAR MEHTA                                     DIVYA JYOTI JAIPURIAR

                       Member                                                                   President       

            DCDRC-1 (North)                                                    DCDRC-1 (North)