Orissa

Sundargarh

CC/25/2022

Debendra Patel - Complainant(s)

Versus

Proprietor of Relience Digital Limited, Sundargarh - Opp.Party(s)

Sri Pradeep Kumar Patel, Adv. & Associates

01 Dec 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUNDARGARH-I

Consumer Case No- 25/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sri. Debendra Patel,

S/O-Late Kumar Patel.

R/O/Vill/Po- Rangadhipa,

PS-Sundargarh Town

Dist-Sundargarh, Odisha.                                                                    ………..…..Complainant

 

Vrs.

1. Proprietor of Reliance Digital Limited Sundargarh

           At-Bank Square, Sundargarh,

           Po-Sundargarh Town,

2. Proprietor of Reliance Retail Limited,

           1^st Floor, Wing A & B, Fortun Tower, Chandrasekharpur, Bhubaneswar

           Dist-Khurda, Pin-7510022                                                                .………..Opp. Parties

Counsels:-

1. For the Complainant                   :-Sri. P.K.Patel, Advocate & Associates
2. For the O.P.s                                 :- Ex-parte

Date of Filing:12.08.2022,Date of Hearing :10.11.2022, Date of Judgement : 01.12.2022

           Presented by Sri. Sadanada Tripathy, MEMBER,

1. The Brief fact of the Complainant is that the Complainant has purchased a BPL 50 UHD ANDROID T.V 50 U-A4311 from the OP No. 1 for a consideration of Rs. 32,999.00. The O.P No. 1 and 2 have show room to sell Electronic Product items. When the Petitioner went to purchase a T.V set the O.P No. 1 proposed to sell a BPL TV and accordingly the petitioner selected the OP No. 1 to send order to their main shop room at Bhubaneswar. The OP No. 1 took full payment of Rs. 32,999/- on 11.05.2022. On 13.05.2022 after receiving the article , the OP No.1 transferred the article at the residence of the Petitioner at Rangadhipa through his technical man and the OP No. 1 fitted the TV in the resident of the Petitioner. When the TV was connected to the electricity and the TV was operated the Petitioner marked in the picture of the TV , some sparking light in the initial stage and the same became more and more after passing of time. For that reason the Petitioner lodge complain before the OP No. 1. The OP No. 1 sent his mechanic who went into the house of the Petitioner on 04.08.2022. Though the mechanic removed the plastic coated cover from the border line of the TV, the said plastic cover was on the TV at the time of supply of the TV. The Mechanic found below that plastic cover there is a line of small minor creck. The Mechanic told the Petitioner that due to that creck this sparking is appearing on the screen of the TV, while the TV is on. The Petitioner asked the OP No.1 to exchange the TV but the OP No. 1 did not respond. The OP No. 1 has followed the illegal trade practice and has supplied a defective product to the Petitioner. Hence the OP No. 1 is liable to give compensation. 
2. The OPs are set exparte.

ISSUES

1. Is the Complainant a consumer of the O.Ps?
2. Is there any deficiency of service on the part of O.Ps?
3. Whether the Complainant is entitled for getting any relief?

 

Issue No. 1 Is the Complainant a consumer of the O.Ps?

The Complainant has purchased a BPL 50 UHD ANDROID T.V 50 U-A4311 from the OP No. 1 for a consideration of Rs. 32,999.00 and the OP No. 2 is the main shop room. Hence the Complainant/Petitioner is the consumer of the OPs.

Issue No. 2 Is there any deficiency in service on the part of O.P No. 1?

The O.P No.1 could not repair/replace the TV or did not take further any step to solve the problem. Hence the O.P No. 1 is deficienct in service.

Issue No. 3 Whether the Complainant is entitled for getting any relief?

From the facts of both the parties, the Complainant is entitled for getting reliefs what he claims in his complaint petition from the OP NO. 1.

                             ORDER

              It is ordered that the Complaint Petition filed by the Complainant/Petition is allowed ex-parte. The O.P No. 1 is directed to pay an amount of Rs. 32,999/- towards cost of the TV, Rs. 30,000/- towards physical strain and mental agony suffered by the Complainant/Petitioner as compensation and Rs. 10,000/- towards cost of the petition to the Complainant/Petitioner within 30 days from the date of order, failing which the amount will carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 1^st day of Dec, 2022.

Free copies of this order to the parties are supplied.

I agree,

                                                                                                                     

 (Dr. R.K. Satapathy)                                                                   (Shri. S.N. Tripathy)    

          PRESIDENT                                                                             MEMBER     

                                                                                      

                                                            Dictated and Corrected

                                                                             by me.

                                                                                  

                                                               (Shri. S.N. Tripathy)         
                                                                         MEMBER