Orissa

Kendujhar

03/1996

Biswajit Nanda - Complainant(s)

Versus

Proprietor, M/s. Audio N Video - Opp.Party(s)

Mrs. P. Mishra

31 Dec 1996

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KEONJHAR

CONSUMER COMPLAINANT CASE NO. 03 OF 1996

Biswajit Nanda,

At: Samantraypur Sasan,

P.O/P.S: Keonjhar Town,

Dist: Keonjhar

                                                                             .     .     .     Complainant

                          Versus

Proprietor,

M/s. Audio N Video,

1^st Floor, Munisipality Building,

Main Road, Keonjhar-758001

                                                                             .     .     .     Opp. Party

For Complainant: Mrs. P. Mishra, Advocate

For Opp. Party    : Sri C. Hota, Advocate

                                 Sri M. Padhi, Advocate

                                 Sri B.K. Pati, Advocate

                                 Sri B.K. Behera, Advocate

Present: Sri G.N. Barik, President

                 Miss P. Parija, Member (W)

                              And

                 Dr. K.K. Dwibedi, Member

_________________________________________________________________________________________________

Date of Hearing: 24.12.96                                                                                                         Date of Judgment: 31.12.96

O R D E R

1.   The complaint case as laid in that from the Opp. Party M/s. Audio N Video of Keonjhar the complainant purchased one Colour T.V model 3112E, Sl. No.14022354 on payment of Rs.14,227/-. After three months from the date of purchase, the T.V set developed defect within the warranty period and hence the attention of the dealer O.P was drawn by filing complaints. On receiving complaint the Opp. Party deputed Company Engineer, who after due examination time to time for four times could not remove the defects as the result of which, being aggrieved he has filed this complaint case claiming the return of the purchase amount with interest thereof, alternatively to remove the defects to his maximum satisfaction and further to pay Rs.1,000/- compensation for harassment, mental agony caused to the complainant. 

2.   The O.P in this case has appeared and filed his version. He averred that responding the complaint of the complainant the Company Engineer was deputed for inspection, who after inspection reported the set to be quite O.K in the complaint register. Therefore, the complainant is not entitled to any compensation along with other reliefs as claimed in this petition. Further the O.P claims that, since in response to the complainant has rendered service for removal of the defects, is not liable to pay anything as is not under deficiency in service. In support of the case the complainant has filed the Xerox copy of the cash memo/Bill No.3344 dt.2.10.94 showing purchase of the alleged T.V set. He has also filed the filed the warranty card issued by the O.P issued at the time of purchase of the T.V set. The third document is the check list of Videocon showing signature of the Inspecting Authority. These documents being relevant are marked as Ext.1, 2 & 3 as per serial number allotted to the documents on behalf of the complainant.    

3.   The O.P through his version is fully admitted the allegation made by the complainant. But simultaneously alleges that the Engineer who inspected the T.V set reported them that the set was quite O.K and the same is entered in the complaint register. Further he alleges that during last visit of the Engineer for the purpose of inspection of the T.V set the complainant did not allow him to him his premises as the result of which the T.V set could not be examined and Engineer rendered his inspection service by advising the complainant to change the Antenna. The O.P though produced the original complaint registered maintained by the O.P, where the visits of the Engineers and inspection result has been recorded. Being relevant in this case was directed to submit the Xerox copy of the relevant columns but the O.P in spite of direction did not file the same. At the time of hearing the complaint register produced by the O.P in the Forum was inspected. On inspection it was noted that the remark column of the relevant serial showing visit of Engineers for the purpose of inspection of alleged T.V set is laying vacant without any remark. Therefore, the inspection by the Engineer on complaints by the complainant for the purpose removal of the defects developed in the T.V set was not satisfactorily done. It may be fact that the T.V set is undergoing in such manufacturing defect which cannot be rectified by minor repairs. From the versions led down in the complaint petition, in the absence of rebuttable evidence produced by Opp. Party has failed to produce any rebuttable evidence for the purpose of disproving the case of the complainant. The Opp. Party through the evidence produced by him and version filed has admitted the sale transaction, development of defects, receipt of the complaint from time to time, inspection of the set on each and every complaint has well proved the case of the complainant and mental agonies experienced by him by purchasing the T.V set through his dealership. No doubt by purchasing such T.V set he has sustained financial loss, mental agony, loss of valuable time and as such as a consumer he is entitled to relief within the provisions of C.P Act 1986.       

4.   Since, complainant is held to be a consumer by purchasing a T.V set and by hiring service on payment within the meaning of Section-2 (d) (ii). The Opp. Party is held to be under deficiency in service within the meaning of Section-2 (1) (g) of the said Act. Since the T.V set could not be repaired in spite of several visits of the Company Engineer. I hold that the alleged T.V set is suffering from manufacturing defect and hence it is ordered that:

(i) The Opp. Party without creating any mental agony further replace the T.V set by a new one to the satisfaction of the complainant after due examination to satisfy the same as trouble free. Alternatively, the dealer may refund the price accepted by him as price of T.V set with interest at the rate prescribed for fixed deposit in State Bank of India.

(ii) The Opp. Party is further directed to pay compensation of Rs.1000/- as claimed by the complainant for causing harassment & mental agony to the complainant. With the aforesaid discussion, I disposed of the complaint as allowed without cost. The amount decreed shall be paid within 15 (fifteen) days from the date of passing of the order failing which shall be realized as fine amount and paid to the complainant.

      Pronounced in the open Forum today this the 31th day of December, 1996 under my hand and seal of the Forum.

 

     Dr. K.K.  Dwibedi                                        Miss P. Parija                                                Sri G.N. Barik  

            Member                                                      Member                                                        President                                                                                             

                                                                   Typed in my office to my dictation

                                                                             and corrected by me.

                                                                                  Sri G.N. Barik     

                                                                                     President

   

BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION ODISHA, CUTTACK

CONSUMER DISPUTE APPEAL NO.63/1997

In the matter of   :

                                     An application U/s 15 of Consumer

                                     Protection Act, 1986 and rules made

                                     there-under   :

                                                      AND

In the matter of   :

                                    Proprietor,

                                    M/s. Audio N Video,

                                    1^st Floor, Munisipality Building,

                                    Main Road, Keonjhar-758001

                                                                                              .     .     .    Appellant

                                                                                                             (Opp. Party in District Forum)

                                                                -Vrs-

                                      Biswajit Nanda,

                                     At: Samantraypur Sasan,

                                     P.O/P.S: Keonjhar Town,

                                     Dist: Keonjhar

                                                                                             .     .     .    Respondent

                                                                                                            (Complainant in District Forum)

STATEMENT OF FACTS

That, the respondent purchased one colour television from the appellant, who is the authorized dealer in respect of the said T.V. on payment of Rs.14,227/-.

C.D. APPEAL NO.63 OF 1997

Order Dated 10.3.2007    : The order of the District Forum directing the appellant to replace a new Videocon Television or to refund the price of the old one and pay him compensation of Rupees 1,000/- is under challenge in appeal.

2. Learned counsel for the appellant fairly states that by 10.4.2007, the appellant shall replace a new Videocon Colour T.V. or pay Rs.15,000/- (original price of the defective T.V was Rupees 14,227/-). In view of such undertaking given to us, we set-aside the order of the District Forum imposing compensation.

3. This appeal is accordingly disposed of with the above observation and direction. 

           Records received from the District Forum may be sent back forthwith.

 

                                                                                                                                                                                                                                                                                                                                                                                    Sd/-     

                                                                                                                                                                                  (Justice R.K. Patra)                    

                                                                                                                                                                                       PRESIDENT 

                                                                                                                                                                                                                                 

                                                                                                                                                                                                Sd/-    

                                                                                                                                                                                  (Sri Subash Mahtab)

                                                                                                                                                                                            MEMBER