MRS.RAJASHREE AGARWALLA,MEMBER:-
Unfair Trade practice and deficiency in service in respect of manufacturing defects in colour TV set of the complainant are the allegations arrayed against Ops.
2. Complaint, in brief reveals that complainant purchased one colour TV set from Baba Enterprisers, Kendrapara (Op No.1) the authorized dealer on 18/01/2015 along with the warranty card. The said TV set is manufactured by Op No.2 Company i.e, Orson Holdings Company Ltd., Kolkata. As per the warranty card one year time is given from the date of purchase for its free repair, if any defect arises. In the month of March the ‘KIT’ of the TV set went wrong and took 20 days to repair the TV set, again the KIT of the TV set went defunct on the month of May and after running for a number of times the set was repaired and delivered in the month of June. Complaint petition also reveals that in occasion of second defect of the TV set complainant requested to replace the KIT, but the proposal was turned down and Rs. 500/-(Rupees Five hundred) was demanded for the replacement of the ‘KIT’. On 18th August the TV set was stopped functioning, on complaint hot words exchanged. It is also revealed that in-spite of several telephonic calls and visit to the center the replacement is deferred with different pleas for which this complainant before the Forum with prayer to get back the cost of the TV set along with Rs.10,000/- for harassment and mental agony.
3. Notice was served to the Ops through Regd. Post with A.D. and postal acknowledgement is a part of the record, but Ops did not prefer to appear in to dispute, hence set ex-parte. Heard the ex-parte submissions advanced by the complainant. Complainant submits that after few months of purchase of the TV the set went defective and lastly the set was handed over to Op No.1 dealer for replacement of the KIT since the TV set remains with the Op No.1 dealer.
Complainant prays this Forum to get back the cost of the TV set along with compensation. Complainant to substantiate his case filed self attested Xerox copy of Retail invoice and warranty card issued by Op No.1 dealer on 18/01/2015. These documents reflected that complainant by making a payment of Rs. 5200/- purchased a 14” Orson Colour TV and the warranty conditions are not reflected in the warranty card. During course of submission complainant states that Op No.1 dealer has committed one year warranty against the TV set if defects are detected. When the case is non-rebuttal nature, we have nothing to interfere, but to accept the version of the complainant. That a part the Op No.2 who is the manufacturer also remained silent regarding the grievance of the complainant, accordingly both the Ops are jointly and severally liable to compensate the complainant as the acts of the Ops are unfair trade practice which certainly gives mental agony to the complainant like consumer.
Having observations reflected above it directed that Ops will deliver a new 14” colour TV of same Model to the complainant through Op No.1 dealer, if the same Model is not available with the Ops, The Ops will refund the cost of the TV set i.e. Rs. 5,200/-(Five Thousand Two hundred only) along with Rs. 2,000/-(Rupees Two thousand)only as compensation for mental agony and cost of litigation. The order is to be carried out within one month of the receipt of the order, failing which action will be initiated against the defaulting parties as per the provisions of C.P.Act,1986.
Complainant is allowed in part with cost.
Pronounced today in the open Court this 12th day of August,2016.
