Sri S.K.Sahoo,President.
This is a complaint filed by the complainant Padmalochan Nanda U/s. 35 of C.P.Act, 2019.
2. The case of the complainant is that he had purchased a Reconnect T.V from the opp.party on 26.01.2019 on payment of consideration of Rs.11,240.00. The opp.party has issued the money receipt in favour of the complainant after receipt of the said amount. The warranty card was also issued to the complainant by the opp.party with warranty period of two years. On 03.10.2020 for the first time the complainant notice a yellow line on the TV purchased by him. Thereafter on 13.10.2020 the picture coming on the TV began to jump .On the next day he gave a telephonic complaint to the opp.party in telephone No. 18001031044 .After receipt of such complaint from the complainant on 15.10.2020 a technical staff of the opp.party visited the house of the complainant and disclosed that the TV suffered a physical damage and the servicing will be done on changeable basis. In fact there was no physical damage at all. The complainant protested against such opinion of the technical staff but he did not listen to the complainant. On 17.10.2019 the complainant got a call from the opp.party bearing Mobile No. 9777120871, who talked in a very rude manner. Finding no other way the complainant has filed this complaint.
3. Notice was issued to the opp.party through Regd. Post with A.D in correct address . Neither the Regd. Notice nor the A.D is backe. The opp.party is set exparte vide order dtd. 02.11.2021.
4. The complainant in his complaint petition has alleged that he has purchased a Reconnect T.V on 26.01.2019 from the opp.party on payment of Rs. 11,240.00 which was covered with warranty for a period of two years. It further transpires from the complaint petition that on 03.10.2020 he noticed a yellow line on the TV and on 13.10.2020 he found the pictures on the TV jumping. It is alleged by the complaint that he made a complaint to the opp.party through Telephone No. 18001031044 on 14.10.2020 , for which on 15.10.2020 a technical staff visited his house and disclosed that the TV has physical damage. It is also clear from paragraph- 3 of the complaint petition that on 17.10.2019 the complainant received a telephone call from Mobile No. 9777120871 from the member of a opp.party in rude voice. From the documents filed by the complainant it appears that on 26.01.2019 he has purchased a TV from the opp.party on payment of consideration Rs. 11,240.00 .From the warranty card issued it also appears that the TV purchased by the complainant is covered with two years warranty. The allegations made by the complainant that defect arose on the TV on 03.10.2020 and 13.10.2020 is not contradicted by the opp.party. Inspite of notice, the opp.party did not turn-up and think it proper to contest the case. So it is clear that the opp.party has nothing to say on the allegations made by the complainant. The contents of the complaint petition goes unchallenged and reliable. There is nothing to disbelieve the case of the complainant. As the opp.party charged for repairing during warranty period, there is deficiency in service and adoption of unfair trade practice. The complainant is entitled to get the consideration money along with compensation towards mental agony and physical pain . He is also entitled to a reasonable litigation expenses.
5. Hence ordered :-
: O R D E R :
The case be and the same is allowed in part, exparte against the opp.party. The opp.party is directed to pay an amount of Rs.11,240.00(Rupees Eleven Thousand Two Hundred Forty) only which is the consideration amount of the TV along with compensation of Rs.15,000.00 (Rupees Fifteen Thousand) only towards mental agony and physical pain. He is also entitled to Rs.3000.00 (Rupees Three Thousand ) only towards litigation expenses. The opp.party is directed to pay the aforesaid amount along with interest @ 7% per annum from January,2021 till payment is made, failing which he is liable to pay penal interest @ 12% per annum till payment is made.
