DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 523/2018
D.No.__________________ Date: ________________
IN THE MATTER OF:
PRAVEEN KUMAR S/o SH. CHARNI,
R/o JHUGGI No. 400/23, LAKHI PARK,
J & K BLOCK, JAHANGIR PURI,
DELHI-110033. … COMPLAINANT
Versus
1. M/s SANGAM ENTERPRISES,
A-1/64, L.S.C. MAIN ROAD,
JAHANGIR PURI, DELHI-110033.
2. INTEX TECHNOLOGIES INDIA LTD.,
8/2, OKHLA INDL. AREA,
PH-II, NEW DELHI-110020 … OPPOSITE PARTY(IES)
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 06.08.2018
Date of decision: 16.05.2019
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against the OPs under Section 12 of the Consumer Protection Act, 1986 thereby alleging that on 15.10.2017, the complainant went to the shop of OP-1 for purchasing a new LED TV and the official of OP-1
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suggested the complainant for purchasing LED TV of OP-2 by disclosing some new advance features and believing upon the words of OP-1 the complainant agreed to purchase the said LED TV model no. 3222 & Sr. No. 2112202031173275740 for a sum of Rs.16,500/- vide invoice no. 132 on 15.10.2017 with one year warrantee. On 27.07.2018, the said LED TV got faulty the screen was fluctuated, thereafter, the complainant booked a complaint with OP-2 vide complaint no. 8072790010480 dated 27.07.2018. Thereafter, one engineer came at premises of the complainant and checked the said LED TV and stated that some part is faulty and we will replace it within 2 days and after 2 days, the complainant again made a call to OP-2 and the official of OP-2 said that the LED TV part is not available and it will take 2 days more. After two days, when the complainant approached to OP-2 for replacing of LED TV, the complainant was shocked when the representative of OP-2 again gave a fake assurance of other two days and the complainant again approached to OP-1 but OP-1 also not given any proper response and the said LED TV is still lying faulty with the complainant. The complainant further alleged that the warrantee expired on 14.10.2018 and the official of OP-2 keep on avoiding the matter on one pretext or other and only grabbed time. Thereafter the complainant many time approached OP-2 telephonically and requested them to rectify the problem of the LED TV but all the
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requests of the complainant were fallen in deaf ears and the complainant further alleged that there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the invoice amount of Rs.16,500/- alongwith interest from the date of purchasing the said product as well as compensation of Rs.50,000/- for causing him mental agony and harassment and has also prayed for grant of legal expenses of Rs.1,100/-.
3. Notices to OPs were issued through speed post for appearance on 15.10.2018 and both OPs have been served on 21.08.2018 as per track reports. But none for the OPs appeared on 15.10.2018 and as such OPs were proceeded ex-parte vide order dated 15.10.2018.
4. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of invoice no. 132 dated 15.10.2017 for a sum of Rs.16,500/- issued by OP-1.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and cannot be doubted. There is nothing on record to disbelieve the case of the complainant. On perusal of the record, we find that the complainant made complaints of his LED TV to OP-2 within warranty period but
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the defect has not been rectified by OP-2, though it was the duty of OP-2 to rectify the defect once for all or to replace the product. A customer/consumer is not expected to file complaints frequently in respect of new product purchased. It is expected that the new product purchased is free from all sorts of defect in the product and the defects in the LED TV of the complainant could not be rectified by OP-2 and it shows that there is some inherent and manufacturing defect in the LED TV. Accordingly, OP-2 is held guilty of unfair trade practice and deficiency in service.
6. Accordingly, OP-2 is directed as under: -
i) To pay to the complainant an amount of Rs.12,500/- being the depreciated price of the LED TV on return of the disputed LED TV alongwith original bill.
ii) To pay to the complainant an amount of Rs.4,000/- as compensation for causing mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.1,100/- towards cost of litigation.
7. The above amount shall be paid by OP-2 to the complainant within 30 days from the date of receiving copy of this order failing which OP-2 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP-2 fails to comply the order within 30 days
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from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 16th day of May, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY :- SATYENDRA JEET
