Order
The complainant Raushan Kumar has filed this case for claim of Rs. 24,400/- value of LED T.V, Rs. 25,000/- physical, mental, harassment and Rs. 10,000/- as litigation cost.
The case of complainant appears from his complaint petition dated 16-12-2016 supported with an affidavit filed on 17-02-2016 that he has purchased LED TV 32 inch of SAMSUNG Company on 18-12-2015. For Rs. 24,400/- from shop of opposite party no.1. The O.P no.1 has assured him the goods is newly received from company sealed pack and is in good condition and handover him when he taken the T.V and install in his house and started to move T.V he found certain problems and was not properly functioning then he made complain through his mob- phon as such the o.p has send his employee who examine the set and found the T.V is totally damaged and stated the complainant to get it change, because the set could not be repaired. The set was purchase to for her sister in her marriage. After said information given by the technical assistant who has firstly examine the T.V, he came to the shop of o.p who has assured him that after receive of another goods of same, he will certainly change but after lapsed to 2, 3 month when the o.p has not taken care and the complainant was dragged then he served the legal notice and file this case with aforesaid claim.
The complainant has filed Xerox copy of receipt in the name of complainant dated 18-12-2015 for Rs. 24,400/- for purchase of LED T.V form the shop of o.p.
In this case o.p appeared and filed his w.s dated 23-06-2018 and on the request of both parties the case heard at length, today is fix for order. O.P has alleged in his w.s that the case is baseless, false and not maintainable o.p no.2 is not authorized for give service to the complainant. The set was properly chequed and handed over to the complainant he has also denied the allegation of complainant that the LED was examined by any mechanic, the fact regarding the complain at tollfree no. has been made but complain no. has not been given and the alleged T.V is still with the complainant and has filed false case on the baseless ground the prayed to dismiss the case.
Considering the facts, circumstances & allegation made by the respective parties. It is admitted that the o.p has sold the alleged T.V and the said T.V is alleged to be out of order by 1st starting and it was chequed by the attendant send by o.p who has stated that T.V is totally damaged, only he has not given in writing. How the customer will protect his right in situation of dealers and his conduct. In our believe no one can came to forum for his such type of claim if goods is in order & running properly. His claim can not be refused.
Hence we are of the opinion that complainant is found able to prove his case and he is entitled for compensation
Accordingly o.p is directed to replace the alleged T.V with same types if not possible. He is directed to pay the cost of alleged T.V Rs. 24400/- with interest @ 8 p.a from purchase of T.V. O.p is further directed to pay Rs. 10,000/- extra as physical mental harassment as well as litigation cost. The payment should be made within one month of the order, otherwise the complainant is entitled to get it recover from the process of law.
