Haryana

StateCommission

A/444/2018

M/S HAVELLS INDIA LTD. - Complainant(s)

Versus

RAJINDER KUMAR AND ANOTHER - Opp.Party(s)

ARUN BANSAL

10 Sep 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                        First Appeal No.444 of 2018                                                             Date of Institution: 12.04.2018                                                               Date of Decision: 10.09.2018

M/s Havells India Ltd, QRG Towers, 2 D, Sector 126, Expressway Noida-201304, UP (India) through its authorized representative for  for Lloyd Electrical and Engg. Ltd.

…..Appellant

Versus

1.      Rajinder Kumar S/o Ram Dhari, R/o village Khanpur Roadan, Distt. Kurukshetra.

2.      Unique Radio, Krishna Gate, Kuruksehtra through its owner/authorized person.

                   …..Respondents

CORAM:             Mr. Ram Singh Chaudhary, Judicial Member.

Present:              Shri Arun Bansal, Advocate for appellant.

                             Respondents already ex parte vide order dated 09.07.2018.

                                                   O R D E R

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

 

Delay of 12 days in filing the appeal is condoned for the reasons stated in the application for condonation of delay.

2.      Briefly stated, facts relevant for the disposal of this appeal are that on 24.11.2016 complainant purchased LED with two years guarantee and three years warranty vide bill No.2332.  The LED became defective within eight months.  He made a complaint to the service center of O.P.No.1 on 24.07.2017 to repair the LED, but, O.P.No.1 refused to repair the LED in question.  Thus there was deficiency in service on the part of the O.Ps.

3.      O.Ps. filed joint reply controverting its averments.  O.ps.  alleged that  panel of LED was found broken after being hit by some objects due to mishandling on the part of the complainant.  The complainant was not entitled to get it replaced from the Ops.  Thus there was no deficiency in service on the part of the O.ps. Preliminary objections about maintainability of complaint, no locus standi, concealment of material facts etc. were also raised and requested to dismiss the complaint.

4.      After hearing both the parties, District Consumer Disputes Redressal Forum, Kuruksehtra (In short “District Forum”) allowed the complaint vide impugned order dated 27.02.2018 and directed the O.Ps. to repair the LED to the satisfaction of the complainant without any charges.

5.      Feeling aggrieved therefrom, O.P.No.1-appellant has preferred this appeal.

6.      O.Ps. were proceeded against ex parte vide order dated 09.07.2018 by this Commission.

7.      This argument has been advanced by Sh.Arun Bansal, the learned counsel for the appellant. With his kind assistance the entire records as well as the original record of the District Forum including whatever the evidence has been led on behalf of parties had also been properly perused and examined.

8.      In fact as per the matrix of the facts and reply filed thereto before the learned District forum it is not in dispute that complainant  has purchased LED from the opposite parties  for the sale consideration of Rs.26,990/- on 24.11.2016 with three years guarantee and two years warranty.

9.      Learned counsel for the appellant vehemently argued that complainant is not entitled for repair/replace the LED panel because as per terms and conditions of the warranty breakage of LED screen/plastic parts due to mishandling was not covered. 

10.    Since the complainant has purchased the LED on 24.11.2016 and LED became defective within warranty/guarantee period i.e. on 02.12.2017, the complainant is entitled to get it repaired from the O.Ps and as such, the learned District Forum has rightly observed to repair the LED to the satisfaction of the complainant without any charges.  Resultantly, the appeal is devoid of merits and stands dismissed. 

September 10th, 2018                             Ram Singh Chaudhary,                                                                          Judicial Member                                                                                       Addl.Bench                 

S.K.