DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                           CONSUMER  COMPLAINT  CASE NO. 31 OF 2016

Sasanka Badhei ( 50 Years),

S/O: Biranchi Badhei,

R/O: Gandhi Chowk, PS: Brajrajnagar,

Dist-Jharsuguda, Odisha,……………….……..……..……..………. Complainant.

                                           Versus 

1. Prop. Pradhan Enterprises,

At: Rajpur Road, Kusammunda( Gandhi Chowk),

PO: Gandghora, PS: Brajrajnagar,

Dist: Jharsuguda, Odisha.

2. Prop. M.S. Electronics,

Authorised Service Centre of LG Electronics India Pvt. Ltd.,

At: Near LIC Office, Budharaja, PO: Budharaja,

Dist: Sambalpur, Odisha…….………………..................... Opp. Parties.

Counsel for the Parties:-

For the Complainant                                          Shri Manas Sinha, Advocate.

For the Opp. Party No.1                                   None (Ex-Parte).

For the Opp. Party No.2                                   Shri S.K.Mohanty,Adv. & Associates.

Date of Order: 19.12.2016

Present       

                                             1. Shri S.L. Behera, President.

                                             2. Shri S.K.Ojha, Member.

Shri S.K.Ojha, Member : - The complainant’s case in brief is that, he had purchased one LG 42” LCD  by paying Rs.61,500/- only on dtd. 28.02.2009 vide Bill No. 141 from O.P.No.1. The said TV set started occurring problem on dtd. 20.01.2016 about which the complainant informed to the O.P.No.1 and the O.P.No.1 informed to the O.P.No.2. On dtd. 23.01.2016 O.P.No.2 visited, repaired the same, issued a bill of Rs.3884/- only and received the amount but after repairing, the LCD could not work. The complainant informed the matter to the O.P.No.1 and O.P.No.2 several times but till date the problem could not be rectified, hence this case.

Being noticed through this Forum, the O.PNo.1. neither appeared before this Forum nor submitted his written statement even after providing sufficient opportunities, hence  the O.P.No.1 set ex-parte. The O.P. No.2

appeared and filed his written version wherein it has been stated that the alleged T.V was purchased on dt.28.02.2009 and warranty on it expires on dt.28.02.2010.  After 7 years of expiry of warranty period a complaint lodged for the first time which was attended and solved the problem of power supply PCB and service charged amounting Rs.3884/- only.  The complainant availed the service to his satisfaction by putting his signature on the job card but again on dtd. 17.02.2016 complaint lodged alleging “set dead”.  The spare parts is out of stock and this is a pretty old model T.V. The O.P.No.2 is only the service provider and not the manufacturer of the spares.  The complainant after knowing refused to put his signature on job card and did not pay the service charges and denying all the allegations made by the complainant the O.P.No.2 a prayed to dismiss the complaint case.

Heard from both the parties and perused the case record including materials available. The complainant had purchased a LG 42” LCD T.V set by paying Rs.61,500/- only on dtd. 28.02.2009 vide Bill No. 141 from O.P.No.1. After using upto 7 years  the said T.V started occurring problems on dtd. 20.01.2016 which was repaired by O.P.No.2 on dtd. 23.01.2016 by taking the repair charges as warranty period already expired. The said T.V set again said to be “set dead” on dtd. 17.02.2016. The O.P.No.2 while repairing of the same observed and found that the required defected part is not available due to required spare is declared to be “Non-supply stock”.  The T.V. set cannot be repaired due to non-supply of spare parts by manufacturer which was convinced to the complainant.

The complainant has purchased T.V set in the year-2009 which was running in good condition and for the first time the said T.V has occurred some problem in the year-2016 which required replacement of spare parts.The said required spare part was/ is unavailable due to declared “Non-supply stock” and T.V set cannot be repaired.

However the complainant put in trouble due to unavailability of spare parts, on the other hand the O.P bind its hands due to the said unavailability of spare parts.  In such circumstances this Hon’ble Forum allow partly of the complaint case with directions to the O.P.No.2 to arrange the required spare parts as per his suitability and repair the said T.V set of the complainant as soon as possible.   

Accordingly the case is disposed of.

Order pronounced in the open court today on this the 19^th day of October, 2016, copy of this order shall be communicated to the parties as per Rule.

  I Agree.       

S.L.Behera, President                                                       S.K.Ojha, Member                                                          

Dictated and corrected by me.

         S.K.Ojha, Member