Date of filing      : 29.07.2016

Date of transfer : 27.06.2022

                                                                                       Date of order     : 12.10.2022

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE, AT VELLORE DISTRICT

         PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L.        PRESIDENT

                            THIRU. R. ASGHAR KHAN, B.SC.,B.L.                       MEMBER- I

                            SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A.,       MEMBER -II  

    WEDNESDAY THE 12th DAY OF OCTOBER 2022

    CONSUMER COMPLAINT NO: 94/2022

Counsel for complainant                                        :      M/s. Dharama Raman and J.Dharmarajan 

Counsel for First and second opposite parties    :      M.P.Ramanunni

                ORDER

 SELVI.I.MARIAN RAJAM ANUGRAHA, MEMBER II

This complaint has been filed under section 12 of Consumer Protection Act 1986.  The complaint is filed to direct the opposite parties to provide (replace) a new reputed DVD Player and to pay Rs.5,000/- being the expenditure incurred towards mobile calls and petrol charges and to pay a sum of Rs.3,00,000/- towards unfair trade practice, deficiency in service, mollified intension and breach of trust and also to pay sum of Rs.2,00,000/- towards mental stress and agony suffered. 

1.  The case of the complaint is briefly as follows:

    The complainant states that he has purchased one items among to Rs.1,60,000/- from the second opposite party. One of among purchase was a CROMA brand DVD player of the first opposite party for Rs.2,290/- from the second opposite party bearing invoice No.SLF02A076010001804 on 17.11.2011, which had warranty for two years from date of invoice. The complainant states that during mid 2013 while the warranty was still in existence the DVD player stopped working and he gave it for service to the second opposite party.

    The second opposite party informed the complainant that the “Lens Unit” of the DVD was not working and hence the same was being replaced without cost as the product was under warranty. No service bill or invoice was provided to the complainant for this. But again in February 2014 the DVD player again stopped working and the complainant gave it for service to the second opposite party on 05.02.2014. He was informed that the complete Lens Assembly unit of the DVD player had to be replaced. As the warranty period had expired the complainant paid charges of Rs.650/- for service and replacement of the parts and took delivery of the DVD player on 12.02.2014. A service invoice No.474 was issued for the same and the DVD player was handed over together with old parts of ‘Lens Head Assembly Unit’. To the utter surprise and shock of the complainant DVD player once again stopped working during December 2015 and the complainant took the same for service with the second opposite party on 19.12.2015. But the second opposite party referred to repair the DVD player stating that the warranty period had expired and also that the product was out of sales in their retail store and thus finding replacement parts may be difficult. The opposite party suggested the complainant to purchase a new DVD player. 

    The complainant states that he persuaded the second opposite party to undertake the service as CROMA products belonged to their own brand and asked them to source required parts through their network. The opposite parties finally agreed to the same and asked for a week’s time for which the complainant has agreed.  The second opposite party was negligent and required several reminders through calls, SMS through a period of more than 45 days. The DVD was finally repaired at their authorised service centre and the complainant was informed about the same between 26th to 28th January 2016 that it was ready to be collected. On 31.01.2016 the complainant went to collect the DVD player from the second opposite party and after a payment of Rs.750/- the DVD was handed over along with the old spare parts. No invoice was provided then the receipt was issued only on 12.02.2016 whereas the payment was effected on 31.01.2016 itself. This attitude of the second opposite party amounts to deficiency of service. The complainant further states that the Manager of second opposite party understood and promised to send the invoice through courier within two days, unfortunately even after 10 days with repeated reminders from the complainant through calls, SMS, there was no proper reply from the second opposite party  on the service invoice. 

    The complainant states that this process of repeated calls / complaints with call center went on for several times and every time a complaint was lodged the complainant used to receive a complaint number and to the utter surprise of the complainant the same will be closed in few hours / in a day or two days without even trying to resolve the actual complaint. The complainant further states that after many such attempts, on 11.02.2016 at 18.20 hours, the complainant made a call to call centre and spoke strongly against their inaction and failure to resolve complaints but instead, they closed the complaint without verification and further forced the complainant to reach them in a one way method of calling call center and not the store as they do not have direct contact phone. The complainant further states that finally on 13.02.2016, he received DTDC courier with consignment no.C65629324 dated.12.02.2016 dispatched by the second opposite party with the service invoice in the name of Jeeves Consumer Services Pvt. Ltd bearing No.TN/CHM/JCS,371, dated.12.02.2016. The complainant states that meanwhile the DVD player was sparingly used and during last week of February 2016, DVD player was not working again. The complainant states that once again on 28.02.2016 the DVD player was handed to second opposite party through merchandise entry pass no.586422 dated.28.02.2016 issued by J.Narayanan and the complainant was informed by him that he will receive a call from the CSD technician on 29.02.2016. The complainant states that he was completely shocked on 29.02.2016 when he was informed by the technician (in tele-conversation) that the motor of the player was not working, where as components replaced just 3 weeks ago was complete Lens Head Assembly Unit consisting of Disc Drive Motor, Laser Lens, Pickup Assembly, Tracking Motor, Tracking Gears. The complainant states that he once again had to confirm the information of previous services of replacement of Complete Lens Head Assembly Unit by second opposite party by sending them a few SMS and making them accept the fact that Complete Lens Head Assembly Unit was changed just 3 weeks ago. The complainant states that meanwhile he has been receiving calls from the second opposite party from 1st week of March2016 saying they will refund the service amount of Rs.750/- which was paid by the complainant and without servicing the player now, then they have offered to sell some other player (used) which in on display as demonstration unit with second opposite party at a discount price. 

    The complainant states that finally on 22.03.2016, the complainant received a tele-call from Ms.Rizwana, CSD Staff. She said the final offer from second opposite party will be on a Bluray player at 2.5% discount which amounts to just over Rs.100/- for the price of the player quoted by second opposite party. The same was not acceptable to the complainant as the offer of a meagre 2.5% discount on a new Bluray player without servicing the Croma DVD player lying with them for nearly a month was totally a fraudulent attempt to just wash their hands off the customer and from the responsibility of consumer service.  The complainant states that all these above acts of all opposite parties clearly establish their careless, negligent attitude, mollified intentions, serious deficiency in customer service and very unfair trade practices. The complainant states that the opposite parties were acting with complete mollified intention as they were already aware that it is a condemned product so as to avoid the liability of servicing and even returned the DVD player and forcing to sell another used product to the complainant. Hence this complaint filed.

2. The Written Version  of the Opposite parties are briefly as follows:

    The opposite parties said that the complainant has not come before this Hon’ble Commission with clean hands and he has wrongfully claimed several reliefs against the opposite party knowing fully that he is not entitled to claim any relief of any nature whatsoever against the opposite party as prayed in the complaint. The complainant approached the opposite party with the issue in the Croma DVD player (the said Product) vide Invoice no.SLF02A076010001804 on 17.11.2011. The opposite party said that on receiving the complaint from the complainant the opposite part immediately tried to provide resolution. The product was purchased in the year 2011 and the fact that same was a display product was well known to the  complainant. The complainant was aware that getting the parts for replacement was time consuming and the same was time and again informed by the opposite party to the complainant. Life of product depends on the handling and usage of the product by complainant. The Second opposite party has already communicated with the complainant to provide replacement of the said product and has agreed to replace the said product post deduction of the depreciated value of the said product with an offer to provide a new product at the discounted price, However, the opposite parties did not receive any confirmation regarding the same from the complainant. The opposite party said that the present complaint was filed by the complainant after having settled the matter to his satisfaction and that complainant has filed the complaint just to harass and blackmail the first opposite party. The opposite party further states that they are ready to provide replacement for the said product as per the companies policies. Hence this complaint needs to be dismissed.

3.    Proof affidavit of complainant was filed. Ex.A1 to Ex.A26 were marked. Proof Affidavit of the opposite parties filed. Documents not filed. Written argument of complainant  filed.   Written argument of opposite parties not filed.

4. THE POINTS THAT ARISES FOR CONSIDERATION ARE:

           1.   Whether there is any deficiency in service on the part of the opposite parties?  

            2.    Whether the complainant is entitled for relief as claimed in the 

      complaint?

          3.   To what relief, the complainant is entitled to?

5. Point Nos.1 & 2:        

    The complainant purchased a new DVD Player for Rs.2,290/- from the second opposite party on 17.11.2011. The invoice number is SLF02A076010001804 and the same was produced as Ex.A3. The complainant claims that the DVD player has a warranty of 2 years. The contention of the complainant is that,the DVD player often stops working inspite of several repairs and services done by the second opposite party. The complainant has also paid for these services except the first one as it was covered under warranty. The complainant further contends about the delayed response of the opposite parties in responding to the concerns of the complainant.  Hence the act of the opposite parties amounts to deficiency in service in this regard we refer to the para-8 of the written arguments filed by the opposite parties wherein   they are ready to provide replace for the said Product as per the Companies Policies.   Thus as agreed by the opposite parties in para 8 of their written argument, this commission directs the opposite parties to replace with new DVD.  But for causing delay in replacing the DVD certainly caused mental agony to the complainant.  Accordingly there is a deficiency in service on the part of the opposite parties.  Hence, these Points No.1 & 2 are decided in favour of the complainant.        

6. Point No. 3:     

    As this commission we have decided in Point No.1 and 2 that there is a deficiency in service on the part of the opposite parties. The first and second opposite parties are jointly or severally directed to replace with a new DVD or in the alternative pay Rs.2,290/- (Rupees Two thousand Two hundred and Ninety only) towards the cost of the DVD player and  to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant. These Point No.3 is answered accordingly.

7.    In the result, this complaint is partly allowed.  The first and second opposite parties are jointly or severally directed to replace with a new DVD or in the alternative to pay a sum of Rs.2,290/- (Rupees Two thousand Two hundred and Ninety only) towards the cost of the DVD player and  to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.   

Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 12th October 2022.

         Sd/-                                                          Sd/-                                                  Sd/-    

      MEMBER- I                                            MEMBER - II                                   PRESIDENT

LIST OF COMPLAINANT SIDE DOCUMENTS

Ex.A1-17.11.2011 – Copy of products purchased from the opposite parties

Ex.A2-17.11.2011 -  Copy of Thanks letter from 1st opposite party for purchase of DVD player

Ex.A3-17.11.2011 -  Copy of Tax invoice SLF02A076010001804 for purchase of DVD player

Ex.A4-12.02.2014 -  Copy of Service order receipt of Croma Care Centre

Ex.A5-12.02.2014 -  Copy of cash receipt along with photo of parts replaced

Ex.A6-18.12.2015 -  Copy of entry pass for DVD Player 

Ex.A7-31.01.2016 -   Copy of photo of parts replaced

Ex.A8-12.02.2016 -   Copy of details of invoice sent through courier to complainant 

Ex.A9-12.02.2016 -   Copy of Invoice no. 371 for parts replaced on 31.01.2016

Ex.A10-28.02.2016-  Copy of entry pass for EVD  player 

Ex.A11-11.02.2016-  Copy of mail from the complainant to the opposite party

Ex.A12-15.02.2016 -  Copy of reply from the second opposite party to the complainant

Ex.A13-16.02.2016 -  Copy of Mail from complainant  opposite party 

Ex.A14-29.02.2016 -  Copy of mail from complainant to respondent

Ex.A15-01.03.2016 -  Copy of reply mail from first opposite party to complainant

Ex.A16-04.03.2016 -  Copy of reply from first opposite party to complainant

Ex.A17-07.03.2016 -  Copy of mail from first opposite party to complainant

Ex.A18-22.03.2016 -  Copy of mail from complainant to first opposite party

Ex.A19-23.03.2016 -  Copy of mail from complainant to citizen consumer and civic action group 

                                       opposite party

ExA20-12.04.2016 -  Copy of mail from citizen consumer and civic action group to opposite party

Ex.A21-29.04.2016-  Copy of remainder mail from citizen consumer and civic action group to 

                                   opposite party

Ex.A22-29.04.2016 -  Copy of remainder mail from complainant to opposite party

Ex.A23-06.05.2016 -  Copy of remainder mail from complainant to opposite party

ExA24                      -  Copy of list of calls made by complainant to opposite parties

Ex.A25                     -  Copy of list of SMS sent by complainant to opposite parties

Ex.A26                     -  Details of complaint recorded by the complainant n face book page of    

                                    opposite party    

OPPOSITE PARTIES SIDE DOCUMENTS:                                          -NIL-        

Sd/-                                                              Sd/-                                                                Sd/-

MEMBER-I                                             MEMBER-II                                                    PRESIDENT