This is a case U/S- 12 of the C.P. Act, 1986 filed by the complainant against the O.Ps named above.

            The case of the complainant in a nutshell is that the complainant purchased one 3D Plazma Television Bearing Model No. TH-P42XT50D, Sl. No.- TD2510464 under Invoice No. 320 dated 23/02/2013 from the O.P No. 6 / Dutta Electronic on 23/02/2013 for her entertainment purpose after payment of Rs. 53,901/-. The O.P No. 6 issued a valid bill Bering No. 320 dated 23/02/2013 along with a Manual Book Cum Warranty Card for the period of three years from the date of purchase.

            The further case of the complainant is that after purchase of the said television set

                                                                                                                                       Contd.

the complainant noticed that on 17/12/2014 the said television was not functioning properly as a result the complainant faced troubles and she informed the matter to the O.P No. 6 who demanded Rs. 12,300/- for service personal but complainant refused to pay the said amount. After 35 days of constant tug of war the local authority through the retailer i.e. O.P No. 6 and O.P No. 5 had made good the set by replacing power supply board without claiming any cost. But the said television again became death with another issue of blinking power Led without any audio or video output. Thereafter, the complainant again lodged another service request on 31/09/2015 Vide ID No. R300915473489 and after that a technician visited to her house and he told that he was unable to repair the television and assured the complainant that the matter will be brought forward to the service centre but till date the complainant has not received any feedback from the service centre. Complainant has made several correspondences with the O.P but they did not pay any heed. As such complainant has filed the instant case with a prayer that the O.P be directed to pay a sum of Rs. 83,901/- Plus Rs. 4,510/- Plus interest.

            The O.Ps (except O.P No. 6) have appeared before this Forum by filing W/V. The O.Ps have denied the allegation as leveled by the complainant against them.

            The O.P No. 6 did not turn up before this Forum and as such the case proceeded ex-parte against him (Vide Order No. 12 dated-10/01/2017). In order to prove the case the complainant has filed evidence-on-affidavit and written argument. On the other hand the O.P Nos. 1 to 5 have also filed evidence-on-affidavit in respect of their cases.

            We have heard the argument of both sides and perused the materials on record meticulously.

            Considering the above pleadings the following issues are necessarily come out for consideration to reach just decision of the case. Complainant has also filed some original documents with firisty.

                                             POINTS FOR CONSIDERATION

1. Is the complainant a consumer u/s.2 (1)(d)(i) of Consumer Protection Act, 1986 ?
2. Has this Forum jurisdiction to entertain the instant case?
3. Have the O.Ps any deficiency in service as alleged by the complainant?
4. Is the complainant entitled to get any other relief/reliefs as he prayed for?

                                    DECISION WITH REASONS

              As all the points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience.

                                                                                                                                   Contd.

              It is admitted fact that the complainant has purchased one 3D Plazma Television from the O.P No. 6 / Dutta Electronics, Authorized Retail Seller of Panasonic Products, Proprietor. Sri Swraup Dutta, Rly. Market, Alipurduar Junction, P.O. – Alipurduar Junction, P.S. & Dist. – Alipurduar (Erstwhile Jalpaiguri), Pin – 736123 who issued a valid purchased receipt dated 23/02/2013 and the said television was installed in the house of the complainant by the O.P No. 6 with assurance that they will provide proper service.

       As per provision laid down U/S – 2(1)(d)(i) of the Consumer Protection Act, 1986 the status of the complainant is a consumer and as such she is entitled to her reliefs as she prayed for in view of the aforesaid reference.

      Whereas the complainant is a resident of Babu Para, P.O. – Alipurduar, P.S. & Dist. – Alipurduar(Erstwhile Jalpaiguri), Pin – 736121 and O.P No. 6 is also situated at Alipurduar Junction within the district of Alipurduar who is a Authorized retailer (seller) of Panasonic products. Whereas the purchased T.V. installed in the house of the complainant and it is purchased from the O.P No. 6 (retailer) and whereas after it’s installation the said T.V. failed to function properly as such the cause of action arose in the territorial jurisdiction of this Forum (as per provision laid down u/s - 11(2) (c) of the C.P. Act, 1986. Whereas both the parties are inter-linked to each other and whereas the complainant & O.P No. 6 both reside within the territorial jurisdiction of this Forum and the claim amount of the complainant does not exceed the pecuniary jurisdiction of this Forum as such the instant case is well maintainable and this Forum has both the territorial and pecuniary jurisdiction to try / entertain the case.   

      On hearing of argument as well as on perusal of the materials available on case record it is revealed that complainant has purchased the T.V.-in-question from the O.P No. 6 and the O.P side admitted in Clause (c) and (d) of Para-II of the written version respectively that the complainant lodged service complaint to the O.P No. 6 on 17^th December, 2014 and 30^th September, 2015. Due to mal-service / non-service of he purchased T.V.-in-question the complainant made allegation to the O.Ps resulting which the O.P side given an offer of refund the purchased price to the complainant but ultimately the matter has not been settled out and that has been admitted in Clause (e) of Para-II  of the written version also.

      The purchased bill of the T.V. issued from the Dutta Electronics indicates that the complainant has purchased the T.V. and the certificate of warranty speaks that the warranty period is 3 years. It is admitted from the O.P side that the complainant has complained second time on 23^rd September, 2015 and the T.V. has been purchased on 23/02/2013. As such the mal-servicing / non-proper servicing of the purchased T.V. came out within the warranty period resulting which there is deficiency in service on part of the O.Ps. Therefore, the O.Ps are liable to compensate the complainant.

      Considering the facts and circumstances we are of the view that it should be justified to award an amount of Rs. 64,000/- (Sixty four thousand) only in favour of the complainant.

                                                                                                                                Contd.

      Other relief(s) be reflected in the ordering portion.

      Thus all the points are disposed of accordingly.

            Fees paid are correct.

            Hence, for ends of justice; it is;-

                                                             ORDERED

            that the instant case be and the same is allowed on contest against  the O.P Nos. 1 to 5 with costs and ex-parte against the O.P No. 6 with costs.

            The complainant Smt. Mousumi Biswas Pal do get a decree amounting to Rs. 64,000/- (Sixty four thousand) as her legitimate claim and she further do get a decree of Rs. 5000/- (Five thousand) for her mental agony and Rs. 1,000/- (One thousand) as litigation costs against the O.Ps i.e. total Rs. 70,000/- (Seventy thousand)only. Considering the status of the O.P No. 6 (Mere Retailer) O.P Nos. 1 to 5 are hereby directed to pay the total decreetal amount of Rs. 70,000/- (Seventy thousand) only to the complainant in equal share within 30 days from this day failing which the complainant will be at liberty to put this decree into execution according to law.

            The O.Ps are at liberty to receive back the purchased T.V.-in-question from the complainant at their own risk and costs. The complainant is hereby directed to hand over her purchased T.V. in question to the O.P(s) if they / he require(s) through proper receipt.

            In case of realization of the decreetal dues through execution the complainant be entitled to 8% interest on the decreetal dues per annum from the date of filing of this case from 04/02/2016 till liquidation of the entire decreetal dues and the O.Ps shall have to pay Rs. 50/- (Fifty) as fine per-day to the Consumer Legal Aid Account of District Consumer Disputes Redressal Forum, Alipurduar.

             Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.

Dictated & Corrected by me-