Karnataka

Bangalore 4th Additional

CC/284/2018

R.Ramalingam, - Complainant(s)

Versus

Panasonic India Private Limited, - Opp.Party(s)

15 Jun 2019

ORDER

Complaint filed on: 21.02.2018

Disposed on: 15.06.2019

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027

 

 

CC.No.284/2018

DATED THIS THE 15^th JUNE OF 2019

 

 

PRESENT

 

 

 

 

SMT.PRATHIBHA. R.K., BAL, LLM, PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

 

 

Complainant/s: -                           

Sri.R.Ramalingam,

Aged about 60 years,

Flat No.2043, Sobha

Garrison, Nagasandra, Tumakuru Road,

Bengauru-73

 

Inperson

 

V/s

Opposite party/s:-    

 

1. Panasonic India Pvt. ltd.,

6^th Floor, SPIC Building, Annexure, No.88,

Mount Road, Guindy,

Chennai-600032.

 

By Adv.Sri.K.P.Madhan Kumar

 

2. Pai International Electronics ltd., No.25, 100 Feet Road,

2^nd Block, Jayanagar,

Bengaluru-11.

 

Exparte

 

 

ORDER

 

SMT.PRATHIBHA. R.K., PRESIDENT

 

            This complaint is filed by the Complainant against the Opposite party No.1 & 2(herein after called as OPs), under section 12 of the Consumer Protection Act, 1986. The Complainant prays to direct the OPs to repair the TV or replace the TV with the similar product or to return the paid amount of Rs.43,500/- with compensation of Rs.10,000/-.

 

2. The brief facts of the complaint is as under:

The Complainant submits that, the Complainant has purchased the Panasonic LED 42” TV Model No.TH-42-C410D for Rs.43,000/- on 18.08.15 vide invoice no.JAY1-4321 from the Pai International Electronics Ltd., Indiranagar, Bengaluru.

 

2a. The Complainant further submits that, the said TV having one year warranty from the date of purchase and extended warranty for additional two years. The Complainant alleged that, the said TV was not functioning properly from May 2017. Hence, the Complainant lodged the complaint on 03.09.17. The OP company has informed the Complainant to pay Rs.23,160/- towards the cost of repair the they will replace the product with different model for which the Complainant has to pay additionally of Rs.15,360/-. Total amount to pay is Rs.38,520/-. Thereafter various correspondences through email were exchanged. OPs have expressed their sincere apologies for the inconvenience caused to the Complainant. Then they say that they have received confirmation from their service team that currently due to unavailability of required part of repair of his product, they are unable to repair it. Thereafter, there was no reply from the OP’s side. Hence, the Complainant issued legal notice dtd.24.11.17. Though notice served on OPs, OPs have not replied to the said notice. Hence Complainant filed this complaint.

 

3. After service of the notice from the Office, the OP.2 did not appear before this forum and hence, they called out as absent and have been placed exparte. The OP.1 appeared before this forum and filed objections. In the objection, the OP.1 submit that, the Complainant has purchased the said TV and the additional warranty for a period of two years was also provided for the said product as per the terms & conditions and hence the OP cannot be held liable for the claims falling outside the scope of the warranty. The OP.1 further submits that, the Complainant enjoyed the said TV for 2.5 years without any defect. The Complainant made the complaint only on May 2017. The OP engineer visited the location and found that the fault was due to problem in cable and there was no defect in the said TV. Subsequently on 03.09.17 another complaint was filed by the Complainant with respect to the display of the said TV, wherein it was found that the said TV was in a dead condition. The service engineer immediately replaced ‘A’ board free of cost and when the said TV was turned on, it was found that the display panel was broken due to external hit which may be due to negligent use by the Complainant. The service engineer given estimation for Rs.27,160/-. The Complainant refused to pay the estimation cost.

 

3a. The OP.1 further submits that, any physical/external damage is not covered under warranty. The engineer had provided an estimate for the replacement of the panel which was later shared with a detailed break up vide estimation letter dtd.02.09.17. However the Complainant did not agree for payment of the cost as was provided in the estimation letter. The Complainant was informed on 26.09.17 that as the parts of the panel were not available, the OP would replace the same with other product at depreciation value which was again not acceptable to the Complainant. Hence, there is no deficiency on the part of OP.1. Hence, prays this forum to dismiss the complaint.

 

4. In the course of enquiry into the complaint, the Complainant and the OP.1 has filed their affidavit reproducing what they have stated in their respective complaint and objection. Both have filed written arguments. Both parties have produced documents which were marked. We have heard the arguments of both sides and we have gone through the oral and documentary evidence of both parties scrupulously and posted the case for order.  

 

5. Thereafter the Complainant filed memo dtd.21.05.19 seeking for alternate plea before this forum reads as hereunder:

 

“The OP in their written statement in para No.11, line No.7 to 11 agreed to replace the same with other product at depreciation value which was not accepted by me at that time. Now I decided to accept the same and want to get relief in this matter.

As an alternative plea, I prefer this and pay the depreciation amount claimed by them and the OP has to replace the TV with another new one in the same size with Full HD (as the original TV)

As per their working, I need to pay Rs.15,360/- for the same as per the depreciation working filed by them as last page in the same written statement.

Now, I agree to pay the amount of Rs.15,360/- to the company on replacing the TV at Villupuram, Tamilnadu where the original TV is there now.”

 

        6. Thereafter, counsel for the OP filed Memo dtd.27.05.19 regarding settlement offer, stating that “OPs are agreeing to accept a sum of Rs.12,660/- from the Complainant for replacement of model bearing TH-43F200DX as full and final settlement of the complaint.”

 

        7. In view of the memo filed by both the parties, in the interest of justice and equity, we deem it proper to direct the OP.1 & 2 to replace the old TV “model – TH-42C410D” by accepting the amount of Rs.12,660/- with “New Model No – smart – TH-43E200DX” within 30 days from the date of receipt of the order. Accordingly, we passed the following order.

 

ORDER

 

        The complaint filed by the Complainant is disposed off. No costs.       

2. The OP.1 & 2 jointly and severally directed to replace the old TV of the Complainant “model – TH-42C410D” by accepting the amount of Rs.12,660/- with “New Model No – smart – TH-43E200DX” within 30 days from the date of receipt of the order.   

 

Supply free copy of this order to both parties. 

 

(Dictated to the Stenographer, transcribed and typed by her, corrected and then pronounced by us in the Open Forum on this, the 15^th day of June 2019)

 

 

 

(ROOPA.N.R)     MEMBER

(PRATHIBHA.R.K)  PRESIDENT

 

1. Witness examined on behalf of the complainant/s by way of affidavit:

 

Sri.R.Ramalingam, who being the Complainant was examined. 

 

Copies of Documents produced on behalf of Complainant/s:

 

Ex-A1	Original Invoice dtd.18.08.15 Rs.46,500/-
Ex-A2	Original customer and Panasonic copy – terms & conditions
Ex-A3	Email dtd.18.10.17
Ex-A4	Email dtd.04.10.17
Ex-A5	Email dtd.19.09.17
Ex-A6	Legal notice dtd.24.11.17
Ex-A7 & A8	2 postal acknowledgements

 

1. Witness examined on behalf of the OP/s by way of affidavit:

 

Sri.Arjun Tanwar, who being the Asst., Manager Legal of OP.1 was examined. 

 

 

Copies of Documents produced on behalf of OP.1:

 

Ex-B1	Authority letter
Ex-B2	Warranty terms & conditions
Ex-B3 & B4	2 Job sheets
Ex-B5	Letter of OP dtd.30.09.17

 

 

 

 

(ROOPA.N.R)     MEMBER

(PRATHIBHA.R.K)  PRESIDENT