Orissa

Sambalpur

CC/44/2024

Tarachand Agrawal, - Complainant(s)

Versus

SAREGAMA INDIA LTD - Opp.Party(s)

01 Jul 2024

ORDER

District Consumer Disputes Redressal Commission, Sambalpur
Near, SBI Main Branch, Sambalpur
Uploaded by Office Assistance
 
Complaint Case No. CC/44/2024
( Date of Filing : 09 Feb 2024 )
 
1. Tarachand Agrawal,
At- Jalan Gali PO-Khetrajpur, Dist-Sambalpur, Odisha-768003. Mob No. 7894302138, 9861142850.
...........Complainant(s)
Versus
1. SAREGAMA INDIA LTD
33, Jessore Road, Kolkata-700028.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Dr. Ramakanta Satapathy PRESIDENT
 HON'BLE MR. Sadananda Tripathy MEMBER
 
PRESENT:
 Sri. S.Bhanja & Associates, Advocate for the Opp. Party 0
Dated : 01 Jul 2024
Final Order / Judgement

PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 44 /2024

 

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

 

Tarachand Agrawal,

At- JalanGali PO-Khetrajpur,

Dist-Sambalpur, Odisha-768003.

Mob No. 7894302138, 9861142850.

Mail- caajayagrawal81@gmail.com                                      ……….......Complainant.

Vrs.

SAREGAMA INDIA LTD

33, Jessore Road, Kolkata-700028.

Mail Id- feedback@saregama.com....……….Opp. Parties

 

Counsels:-

  1. For the Complainant         :- Sri. Ajay Agrawal
  2. For the O.P.                        :- Sri. S. Bhanja & Associates

 

Date of Filing:09.02.2024,  Date of Hearing :21.05.2024,  Date of Judgement :01.07.2024

 

Presented byDr. Ramakanta Satapathy, PRESIDENT

  1. The case of the Complainant is that the Complainant purchased Carvaan-Music Player porcelain white-hindi from O.P. vide invoice No. 2700108928 dated 26.01.2022. When charging problem developed in Dec. 2022 complaint was made within warranty period. The service centre of O.P. found that the charging shocket of the product is loose but refused to repair or replace the defective part. As online purchase made, the Deller not signed or seals but supplied blank warranty card. The service centre advised to fix the loose by using cellotape. The product worked for few months and then became non-functional. Complainant was made online but O.P. demanded Rs. 1300/- to-wards service charge including cost of spare parts, without mentioning contact details or date of visit. The O.P. was again reminded on 21.10.2023. The O.P. refused to entertain the warranty claim and cancelled the service request. Being aggrieved complaint has been filed.
  2. The O.P. in reply submitted that the product was sold vide invoice No. 2700108928 dated 26.01.2022 for Rs. 6190/-. Service centre was approached in Dec. 2022 and complaint made on 15.10.2023. Repairing of product made on 30.12.2023 in Raipur. No any information was given for charging problem. The O.P. has no any service centres but provides pick and drop services. The product was out of warranty and intentionally O.P. has been dragged to cover warranty. The warranty was upto January 2023.

On 15.10.2023 the O.P. only got the request No. 406488 and it was out of warrant and it was communicated to Complainant. The Complainant is guilty of “Suppersioveri and Suggestisfalse” and complaint is liable to be dismissed. There is no cause of action nor any deficiency in service on the part of O.P.

  1. Perused the documents filed by both the parties. The Complainant purchased the product vide invoice dated 26.01.2022 for Rs. 6,190/-. The warranty card submitted does not bear any seal and signature of O.P. The Complainant made complaint No. 406448 on 15.10.2023. The O.P. replied that service visit charge Rs. 400/- plus applicable spare part charges to be paid by Complainant and technicians visit will be intimated soon. On 16.10.2023 O.P. gave message technician will visit the place on date and vide message dated 21.10.2023 cancelled the request. Perused message dated 21.10.2023 of the Complainant and reply of O.P. Raipur Electrical and service supplied receipt for Rs. 900/- dated 30.12.2023 for Carvan charging socket and battery ripies and moni carvan battery repies.

The O.P. filed the complaint dated 21.10.2023, reply of O.P. and dated 21.10.2023 and 14.03.2023.

  1. Perused the warranty service conditions provided by the O.P. “Home service and carry is warranty in provided. Home service warranty requires customers to have a technician visit their home. The list of authorised service centres is available on www. Saregama.com/caravan/hindi/customer-service. Carry is warranty service requires that the product be brought by the customer at his/her sole cost and responsibility to the Authorised Dealer along with original invoice. Once the product is serviced/repaired/replaced, the customer shall be responsible to pick-up the product from the concerned Authorised dealer.”

The warranty on all parts covers for 1 years. The date of purchase warranty covers till 25.01.2023. The Complainant  not filed a single document to prove that Complaint was made in December 2022 against the product. The Complaints are only after 15.10.2023, when the warranty period is over. The Complainant failed to establish his case that the charging shocket of the product was defective as in December, 2022.

Taking into consideration the circumstances of the case the complaint has no merit. The Complainant miserable failed to establish that within warranty period the product was not repaired and deficiency of the O.P.

Accordingly, the complaint is dismissed against the O.P. No cost and compensation.

Order pronounced in the open court on this 1st day of July, 2024.

Supply free copies to the parties. 

 
 
[HON'BLE MR. Dr. Ramakanta Satapathy]
PRESIDENT
 
 
[HON'BLE MR. Sadananda Tripathy]
MEMBER
 

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