Delhi

North

CC/183/2017

KAMLESH DEVI - Complainant(s)

Versus

PAUL ELECTRONICS - Opp.Party(s)

15 Jun 2023

ORDER

 District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

CC No.: 183/2017

 

Smt. Kamlesh Devi

W/o Hukum Singh

House No. 82, Chattarpur Village

New Delhi-110074                                                                                       …                                Complainant

 

                                                                                                Vs

 

Paul Electronics,

7332, Prem Nagar,

Shakti Nagar, Delhi-110007                                                  …                 Opposite Party No.1

 

Tekcare India Pvt. Ltd.

Khasra No.43/25,

Nangli Khera, Delhi-110085                                                 …                 Opposite Party No.2

 

P.E. Electronics Pvt. Ltd.

Flat No.254, Udyog Vihar, Phase-4

Gurugram-122001, Haryana                                                                …                  Opposite Party No.3

 

ORDER

15/06/2023

 

Ashwani Kumar Mehta, Member:

 

1.          The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the Complainant bought a 127 cm full HD LCD television of Philips Brand on 03.02.2015 on payment of Rs.54,000/- (Rupees Fifty Four Thousand Only) with 3 years of warranty from Philips Arena/ M/s Paul Electronics (OP-1). After few days of its purchase, television started malfunctioning with various defects for which complaints were filed with OPs and Technician visited from the Service Centre from time to time but could not remove the defects. The complainant has lodged complaints and sent emails in this regard to the OPs from time to time.

 The details of complaints lodged by the complaints with OPs from time to time are as under:

Sl. No.	Complaint No.	Date and Time
1.	PDEL-2407150038	24.07.2015
2.	PDEL-2407150039	24.07.2015
3.	PDEL-2407150082	24.07.2015
4.	PDEL-0211160141	02.11.2016
5.	PDEL-1810160078	18.10.2016
6.	PDEL-2404171017	24.04.2017
7.	PDEL-0905170707	09.05.2017
8.	PDEL-3004170213	30.04.2017
9.	DEL-2505170159	25.05.2017
10.	DEL-2206170282	22.06.2017
11.	DEL0408170234	04.08.2017

 

2.            Accordingly, notices were issued to the OPs and in response to the Notice issued, the OP-1 has filed its reply admitting the purchase of above mentioned television by the Complainant. It is further stated that the OP-1 is authorised to sell electronic goods of OP-3 and it is for the service centre to see that the electronic goods should be repaired, replaced and in the event of any fault, the only responsibility is upon the service centre to bear any loss, claim on damages resulting from any acts or omissions on the part of the service centre. The only responsibility of the OP-1 is to forward the complaint of the defective goods to the concerned service centre and the Complainant with the help of OP-1 has made several complaints to the service centre i.e. Tekcare India Pvt. Ltd. and P.E. Electronics Ltd. OP-2 and OP-3. The bill provided by the OP also mentions that "all the warranties and service obligations are manufacturer's liability and responsibility".

 

3.            The OP-2 and OP-3 have filed joint reply & stated that its service engineer visited the premises of the Complainant and resolved the complaints to the satisfaction of the Complainant. The company has been in the consumer durable business for over here decades and customer satisfaction is their prime motto. They have attended and resolved the complaint as and when it was registered. It is further contended by the OP-2 & 3 that it has always been committed to render its best services to its customers, therefore, as a good corporate and having regard to the facts and circumstances of the case and without going into the nitty-gritty of provisions of the Law and for the peace of mind and sake of compliance, is ready to replace the LCD free of cost.

 

4.            Accordingly, the complaint has been examined in view of the facts of the case and averments/documents/Evidence put forth by the complainant & OPs and it has been observed that:-

1. It is not disputed that the Complainant has purchased a Philips LCD 127 cm full HD television from the Philips Arena/ M/s Paul Electronics (OP-1) against payment of Rs.54,000/- on 03.02.2015.
2. It is also not disputed that the said television was carrying three years warranty and the Complainant started lodging complaint of faults in television from 24.07.2015 to 04.08.2017 (total eleven complaints) which is sufficient to prove that the said television was malfunctioning due to various defects but the OP-2 & OP-3 has not seriously tried to remove the defects or replace the defective television before receipt of notice from this commission and has offered replacement during the course of proceedings of this complaint in this commission.
3. The  offer of  replacement of TV during the course of proceedings before the Commission, is sufficient to substantiate that the OP-2 and OP-3 were fully aware of the fact that the aforesaid LCD TV was defective.

5.            In view of the above observations, we are of the considered view that the complainant has suffered directly due to deficient service of the  OP-2 & OP-3  in terms of the deficiency defined in the Act which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer. However, no deficiency in service has been observed on the part of OP-1.

6.            Therefore, we feel appropriate to direct the OP-2  (Tekcare India Pvt. Ltd.) &  OP-3 (P.E. Electronics Pvt. Ltd.) to pay Rs.54,000/- (Rupees Fifty Four Thousand only), jointly and severally, within thirty (30) days from the date of this order with interest at the rate of 9% p.a. from 28.08.2017 (date of filing of complaint) till the date of the payment. Besides, the OP-3 is also directed to pay Rs.10,000/- (Rupees Ten Thousand Only) as compensation to the Complainant, for the mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the aforesaid OPs to the Complainant within the period as directed above, they shall be liable to pay interest @12% per annum from the date of expiry of 30 days period. It is further directed that the OPs may collect the defective Television from complainant only after payment of the amount as ordered above.

Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

 

ASHWANI KUMAR MEHTA                                                                                      Harpreet Kaur Charya

Member                                                                                                                             Member

                         DCDRC-1 (North)                                                                                                         DCDRC-1 (North)

 

 

 

 

DIVYA JYOTI JAIPURIAR

                                                                                                    President

DCDRC-1 (North)