| ORDER | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Complaint No. CC/61 of 16.2.2016 Decided on: 28.6.2016 Daljeet Singh son of S.Gurnam Singh, resident of village Nanhera, Tehsil Patran, District Patiala. …………...Complainant Versus Onida Electronic Service Centre, SST Nagar, Behind Chardi Kala, Kothi No.550, Rajpura Road, Patiala, through its Service Incharge, Jasvir Kumar (Mob.No.9041585588) …………….Op Complaint under Section 12 of the Consumer Protection Act. QUORUM Sh. A.P.S.Rajput, President Smt.Neelam Gupta, Member Present: For the complainant: In Person. For Op: Sh.Japinder Singh, counsel for the Op. ORDER NEELAM GUPTA, MEMBER - The complainant purchased one Onida LCD Model 32” having CH No.32 GH # 13D01 000152 from Chhabra Electricals,Samana on 25.7.2013. It is averred that some problem occurred in the said LCD and the complainant approached Chhabra Electricals, Samana, who directed the complainant to approach the service centre of ONIDA Electronics which is located at Patiala in Kothi No.550, Rajpura Road, SST Nagar, Behind Chardi Kala, Patiala. Accordingly the complainant approached the Op i.e. the service centre of ONIDA Electronics on 23.12.2015, the same was checked and the complainant was told that the defect in the LCD will be removed but it would take10/11 days and also told that the complainant will be informed on mobile phone the moment the defect in the LCD is removed. OP did not intimate the complainant regarding the removal of the defect in the said LCD. However, the complainant confirmed on mobile phone regarding the rectification of the defect in the LCD and OP disclosed that the defect in the LCD has been removed and the complainant can take its delivery. But due to some urgent work, the complainant could not take the delivery of the said LCD. The Op informed the complainant that due to some work, the OP had to go to Samana to attend some complaint and if the complainant wanted to take the delivery of the said LCD at Samana, then the OP will bring the said LCD of the complainant in Samana, to which the complainant agreed and on 4.1.2016 the complainant reached the place where the OP had told him to take the delivery of the LCD. On 4.1.2016, the OP delivered the LCD to the complainant and told him to pay Rs.4500/- stating that new plate has been inserted in the LCD and then the complainant requested the OP to give him the old plate removed from the LCD, on this the OP told the complainant to pay Rs.4000/- at the time of delivery and Rs.500/- will be charged when the old removed plate will be given to the complainant, as such the complainant paid Rs.4000/- to OP and a bill i.e. invoice-cum-cash memo dated 4.1.2016 was issued to the complainant .
- It is further averred that when the complainant tried to use the LCD,it failed to work, as such the complainant informed the OP telephonically that the LCD of the complainant which was repaired by the OP by charging Rs.4000/- was not working. Accordingly, the complainant again brought the said LCD at Patiala and deposited it with OP. When the defect was rectified, OP informed the complainant and the complainant took its delivery. To the utter surprise of the complainant, the said LCD did not function and the complainant informed the OP who told the complainant that a mechanic of ONIDA had gone to Patran to attend some complaint and told the complainant to contact that mechanic on mobile. The complainant contacted the mechanic, who came to complainant’s residence, checked the LCD and found that it was not working and took the LCD alongwith him to Patiala where it will be checked in the service centre. Likewise , the said LCD was brought to Patiala several times but the defect could not be removed. Ultimately the complainant approached this Forum under Section 12 of the Consumer Protection Act,1986 ( for short the Act) .
- On notice, Op appeared through counsel and filed its reply to the complaint. It is an admitted fact that the complainant approached the Op for rectifying the defect in the LCD. After examining the said LCD, Op found that the main board of the said LCD was defective. After rectifying the defect Op returned the LCD to the complainant on 4.1.2016 after charging Rs.4000/- from the complainant. It is further submitted that after 4.1.2016 the complainant never approached the Op. After denying all other allegations made in the complaint, it was prayed to dismiss the complaint.
- In support of his complaint, the complainant produced in evidence Ex.CA, his sworn affidavit, Ex.CB, the sworn affidavit of Sh.Rajinder Singh alongwith the documents Ex.C1 to Ex.C5 and closed the evidence.
- On the other hand, learned counsel for the Op tendered in evidence Ex.OPA, the sworn affidavit of Sh.Manpreet Singh, mechanic of OP alongwith document Ex.OP1 and closed the evidence.
- The Op filed written arguments. We have gone through the same, heard the complainant in person, learned counsel for the OP and gone through the evidence on record.
- The grievance of the complainant is that he got the LCD repaired from the OP and the OP changed the main board of the LCD and charged Rs.4000/- for the same. i.e. Ex.C2. On reaching home, the complainant found that the LCD was not working. He approached OP again and again. Despite repeated efforts of the OP the defect could not be removed as is alleged by the complainant. Whereas the only plea taken by the OP is that it rectified the defect and returned the LCD to the complainant on 4.1.2016.Thereafter, the complainant never approached the OP. During the course of arguments, Op admitted that it is ready to rectify the defect. The complainant has failed to prove that there was any manufacturing defect in the main part of the LCD changed by the OP.
- In view of the aforesaid discussions, we accept the complaint with a direction to the Op to repair the defective part of the LCD and if that is not possible to replace the defective part with a new one and make the LCD functional without charging anything from the complainant and if that is also not possible, to refund the amount of Rs.4000/- paid by the complainant to the OP for inserting the new plate in the LCD. The order be complied by the OP within 30 days of the receipt of the certified copy of the order.
Pronounced Dated: 28.6.2016 Neelam Gupta A.P.S.Rajput Member President | |
