Tamil Nadu

South Chennai

CC/161/2021

J. Hari Prasad - Complainant(s)

Versus

M/s. TCL Rep by its Chairman, TTE Technology India Pvt. Ltd., and another - Opp.Party(s)

J. Hari Prasad

29 Jul 2022

ORDER

Date of Complaint Filed: 13.07.2021

Date of Reservation     : 07.07.2022

Date of Order              : 29.07.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                    THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                    THIRU. S. NANDAGOPALAN., B.Sc., MBA.,   : MEMBER II

 

CONSUMER COMPLAINT No.161/2021

FRIDAY, THE 29^thDAY OF JULY 2022

J.Hari Prasad,

No.23/11-a, Kamarajnagar 2^nd Street,

Choolaimedu,

Chennai – 600 094.                                                                                                                                                   …Complainant

-Vs-

1.M/s. TCL,

   Rep. by its Chairman,

   TTE Technolocy India Pvt Ltd,

   A-202, Boomerang Building,

   Chandivali Farm Road, Andheri E,

   Mumbai, Maharashtra – 400 072.

 

2.Abirami Audios and Videos,

   The Sales Store,

   Rep. by its manager,

   New No.170, T.T.K Road,

   Alwarpet,

   Chennai – 600 018.                                                                                                                                            …Opposite Parties

*****

Counsel for the Complainant           : M/s. J.Hariprasad

Counsel for the Opposite Parties      :Exparte

 

        On perusal of records and after having heard the oral arguments of the Complainant we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.    The Complainant has filed this complaint as against the Opposite Parties

to rectify the defect of Smart Television “TCL 43 4K UHD, Model No.43P8B, rate unit 20312-50, with Serial No.1909AJB144583D00132” within the time stipulated by this Commission or alternatively direct the Opposite Parties to refund a sum of Rs.26,000/- towards the value of the Television with interest from the date of purchasing and till the date of disposal of the complaint and to pay Rs.2,00,000/- as compensation for deficiency in service and unfair trade practice committed by the Opposite Parties and to pay Rs.2,00,000/- as compensation for causing mental agony , pain, stress, untold hardship, severe torture and direct the Opposite Parties to pay Rs.50,000/- towards  the cost.

2.     The averments of Complaint in brief are as follows:-

       The Complainant had booked and purchased Smart Android Television from the 2^nd Opposite Party on 11.10.2019, TCL 43 4K UHD, Model No:43P8B, rate unit 20312-50, with Serial No: 1909AJB144583D00132 for a sum of Rs.26,000/- with Invoice No.547,HSN Code:85287219 with warranty. The Television was delivered on 16.10.2019 and installed by the Opposite Party on 17.10.2019. On 10.01.2021, the Complainant saw stripes on the left side of the Smart TV, then the Complainant booked online complaint with the 1^st Opposite Party’s Customer Care Service in Job ID : IN012021096945-01 on 31.10.2021. The 1^st Opposite Party had sent service person to the Complainant’s home to check the defective television. After checking thoroughly they informed the Complainant that they would replace a new smart Television with the same brand by a new screen but body will be same. But the Complainant has received a new Television of TCL Sub Brand named IFFALCON. When the Complainant asked for the same smart Television of same brand, they sent sub standard brand from TCL. The Complainant rejected to take the new sub brand Television from the TCL but the service manager called the Complainant and told him to take the product and closed the Job ID. Then the Service Manager said that if the product is returned the Complainant will suffer to create a Job ID and it will take months to solve the problem, but till date the problem was not resolved. The Complainant sent an email on 26.03.2021 to the 1^st Opposite Party’s Head Office, they send him 2^nd Job ID: IN032021066745-01. The Opposite Parties apologized for the inconvenience caused to the Complainant and assured to solve the issue. The Opposite Parties created new Job ID without the knowledge of the Complainant on 05.04.2021 with Job ID: IN0120210969945-02. Hence the Complainant was constrained to issue a notice to the Opposite Parties on 15.06.2021. The said notice was received by the Opposite Parties and they never replied. The manufacturing defective Television issued to Complainant amounts to unfair trade practice and deficiency in service. The act of Opposite Parties caused mental agony to the Complainant. Hence the Complainant.

3.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-4  were marked.   

4.     The Opposite Parties did not appear  before this Commission even after sufficient notice to them. Hence the Opposite Parties were set exparte.

 

5.     Points for Consideration:-

1. Whether there is deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for the reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:-

        The Complainant had purchased  a Television of TCL 43 4K UHD brand bearing Model No.43P8B for a sum of Rs.26,000/- as found in Ex.A-1. The allegations of the Complainant  is that on 10.01.2021 he noticed stripes on the Television purchased by him. When complained to the Opposite Parties they had replaced with a substandard brand of Television instead of same smart Television. On perusal of entire records, it is found that there is no material evidence in respect of the allegations of having given complaints, about the Job ID and of the apologize sought by the Opposite parties and their assurance to resolve the issue of the Complainant.  The Complainant himself has stated that the Opposite Parties has replaced the Television with a new Television of IFFALCON model, when the Complainant sought for the TCL Television. The Complainant alleges manufacturing defect in the Television which amounted in deficiency in service. There is no evidence to show that the Television purchased by him had any manufacturing defect, even otherwise, according to the Complainant he had received another Television from the Opposite parties replacing the earlier Television purchased by him from the Opposite parties, hence the Complainant cannot claim many manufacturing defect of the earlier Television purchased by him. The Complainant has not raised any Complaint with regard to the replaced Television except that the replaced Television is not the same make as he purchased originally. The Complainant having received a new Television from the Opposite parties for the TCL Television cannot seek to rectify the defect of the TCL Television or in the alternative to seek for refund of the value of the television. Moreover, the allegation made in the complaint against the Opposite Parties are not supported with proper documents. Hence we found that there is no deficiency in service on the part of the Opposite Parties. Accordingly, Point No.1 is answered.

Point No.2 & 3

        We have discussed and decided that there is no deficiency in service on the part of the Opposite Parties and thereby Complainant is not entitled to get any reliefs as claimed in the complaint or for any other relief/s.. Accordingly, Point Nos. 2 & 3 are answered.

        In the result this complaint is dismissed. No cost.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 29^th of July 2022.

 

 

S. NANDAGOPALAN                                                              T.R. SIVAKUMHAR                                                       B.JIJAA

         MEMBER II                                                                             MEMBER I                                                          PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	11.10.2019	Copy of Invoice and warranty card from the second Opposite Part
Ex.A2	15.06.2021	Copy of Notice issued by the Complainant to the Opposite Parties
Ex.A3	-	Copy of Acknowledgement Card
Ex.A4	-	Copy of Photographs

 

 

List of documents filed on the side of the Opposite Parties:-

 

NIL

 

 

 

S. NANDAGOPALAN                                                                T.R. SIVAKUMHAR                                                             B.JIJAA

         MEMBER II                                                                              MEMBER I                                                                  PRESIDENT