- Susmita Mitra,
12B/2, N.N. Ghosh Lane,
Kolkata-40, P.S. Regent Park. _________ Complainant
____Versus____
- Philips Electronics India Ltd.
7, Justice Chandra Madhab Road,
Kolkata-20, P.S. Bhowanipore.
E-Zone Store at ‘Home Town’,
locate at Newtown, Rajarhat. ________ Opposite Party
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Order No. 17 Dated 17-06-2015.
The case of the complainant in short is that complainant had purchased one LDC 24 inch TV set from E-Zone Store at ‘Home Town’, locate at Newtown, Rajarhat on 14.8.12 at a cost of Rs.12,990/-. The said TV is being model no.24PFL5306 LCD and serial no.110512019003415885. A photocopy of the purchase receipt dt.14.8.12 has been annexed as annex-A with the petition of complaint by complainant. Complainant further stated that the said TV was having warranty for a periopd of 12 months from the date of purchase and the documents for the same has been annexed with the petition of complaint by complainant. Complainant further stated that the TV set has been installed by the representative of o.p. at the premises of complainant. Complainant had not satisfied with the installation of the TV at his house and requested the representative of o.p. one Mr. Ghosh (as stated by her) to adjust the place of installation for better view and complainant has alleged that Mr. Ghosh demanded Rs.450/- for the purpose.
Complainant further stated that on 25.8.12 complainant arranged for installation of a DTH connection at the said premises which was to serve the said TV. But even after that complainant stated that the picture could not be seen as viewing mode and could not be selected with the remote from the menu since the said TV was by default in ‘automode’. Complainant further stated that he was always in touch with o.p. to mend her problem in respect of installation of the TV set and other inconvenience observed by her in respect of the TV. Ultimately one Mr. Banerjee of o.p., as disclosed by complainant, observed that there are some inherent problems and it has a prima facie defective control panel and he concluded that the said TV had to be replaced. So, complainant ultimately stated that the TV set started problem within the warranty period as stated above, but o.p. had failed to repair the same and did not take any care for replacement of the same in spite of repeated requests by complainant. In this connection, it may be mentioned that ld. lawyer of complainant ultimately wrote a letter dt.19.10.12 to o.p. detailing the aforesaid details interalia requesting them to refund the price of the TV and some compensation but o.p. did not pay heed to this letter even and ultimately complainant finding no other alternative but to file the instant case with the prayers contained in the prayer portion of the petition of complaint.
O.p. did not contest the case by filing w/v in spite of receipt of notice and the matter was heard ex parte against the o.p.
Decision with reasons:
We have gone through the evidence of the complainant and documents in particular. Since the matter has been proceeded ex parte the documents annexed by complainant with the petition of complaint remains unchallenged testimony and there is no scope to disbelieve the allegation of the complainant which has been labeled against the o.p. as stated hereinabove.
Upon considering the submissions of the complainant and on careful scrutiny of the entire materials on record, we hold that o.p. had made sufficient deficiency on their part being service provider to the consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost against the o.p. O.p. is directed to refund Rs.12,990/- (Rupees twelve thousand nine hundred ninety) only being the price of the TV in question and is further directed to pay to the complainant compensation of Rs.8000/- (Rupees eight thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is directed to return the TV in question to o.p. within 7 days from the date of realization of the awarded sum since it appears from the record that the TV in question is lying in custody of the complainant.
Supply certified copy of this order to the parties free of cost.
