DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 788/2017
D.No.__________________ Date: ________________
IN THE MATTER OF:
MOHD. AASIF HUSSAIN,
S/o MOHAMMAD IQBAL HUSSAIN,
R/o J-1607, JAHANGIR PURI,
DELHI-110033. … COMPLAINANT
Versus
1.SARGAM ELECTRONICS,
A-260, MAJLIS PARK,
ADARSH NAGAR, DELHI-110033.
2. TEKCARE INDIA PVT. LTD.,
KHASRA No.43/25, VILLAGE KHERA KALAN,
NANGLI KHERA ROAD, NEW DELHI-110085.
3. SANSUI INDIA LTD.,
17th FLOOR, MITTAL COURT C WING,
NARIMAN POINT, MUMBAI-400021. … OPPOSITE PARTY(IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 22.09.2017
Date of decision:10.12.2019
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against OPs under
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Section 12 of the Consumer Protection Act, 1986 thereby alleging that on 29.10.2013, the complainant went to the shop of OP-1 for purchasing a new LED TV and accordingly OP-1 suggested to the complainant for purchasing the LED TV of Sansui by disclosing some new advance features and the complainant believing upon the words of OP-1, agreed to purchase the Sansui LED model SJJ-32HK-ZMA for a sum of Rs.23,000/- vide retail invoice no.SA-2709 dated 29.10.2013 with one year warrantee and at the same time OP-1 also got insured the new purchased LED TV of the complainant by disclosing the offer of all types of accidental damages/repairs of LED TV for a period of 2 years on paying 2 year premium of Rs.570/- valid from 29.10.2014 to 28.10.2016 from OP-2 vide contract receipt no. HCP No.272505 through OP-1. After purchasing the said LED TV, the complainant found some picture fluctuation and display in LED TV and on 10.08.2015 the complainant approached OP-2 and requested to remove the said problems but OP-2 did not give proper service. Thereafter, the complainant approached District Consumer Disputes Redressal Forum, Shalimar Bagh, Delhi on filing complaint bearing CC No. 457/2016 on 25.04.2016 and out of the settlement the Forum directed OP-2 & OP-3 to replace the LED TV with one year warrantee and also directed to return the old LED TV to OP-2 & OP-3 within 30 days from the date of the order i.e. 13.08.2016. The
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complainant further alleged that OP-2 replaced the said LED (old) on 27.10.2016 vide Sr. no. 211013110281202682 against challan no.4518 and in the month of April-2017, the said replaced LED TV screen has some fluctuated lines and the complainant booked a complaint with OP-2 on 21.04.2017 vide complaint no. DEL2104170846. Thereafter, one engineer came form office of OP-2 and refused for repairing the said LED TV and after the complainant booked so many complaints to OPs and the details as DEL3004170320 dated 30.04.2017, DEL2405170325 dated 24.05.2017, DEL2306170760 dated 23.06.2017 & DEL1207170475 dated 12.07.2017 but the complainant was shocked when no one came at his residence for repairing of the said LED TV. Thereafter, the complainant also approached to OP-1 but the official of OP-1 mis-behaved with the complainant and denied for any help and the complainant again approached to OP-3 but the official of OP-3 gave a fake and false assurance and the complainant many times approached at OP-3 telephonically and requested them to rectify the problem of his LED TV but all requests of the complainant were fallen in deaf ears and the said LED TV is still lying faulty with the complainant.The complainant further alleged that the complainant has suffered a loss and there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint
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praying for direction to OPs to refund the invoice amount of the LED TV i.e. Rs.23,000/- alongwith interest from the date of purchasing the LED TV as well as compensation of Rs.50,000/- for causing him mental pain, agony and has also sought Rs.1,100/- towards cost of litigation.
3. OPs have been contesting the case and filed their separate written statement/reply. In the written statement OP-1 has submitted that the complainant has purchased one Sansui LED on 29.10.2013 from OP-1 vide invoice no. SA-2709 for one year warrantee and the warrantee on the said LED TV expired on 28.10.2014 and till then no complaint on the said LED TV was faced by the complainant and further submitted that as a retailer a good and working LED was given to the complainant by OP-1 and there is no deficiency in service on the part of OP-1. OP-1 further submitted that the complainant was given sealed pack Sansui LED TV by OP-1 and was fully satisfied at the time of purchase and the said LED TV has worked satisfactorily for more than Twenty One months so as a seller a new good and working LED TV was given to the complainant and there is no deficiency in service on its part.
4. In their common reply OP-2 & OP-3 submitted that the case is not maintainable and is liable to be dismissed. OP-2 & OP-3 further submitted that there was some defect in the LED TV and a complaint was registered to OP-2 vide call no. DEL2105170525 on 21.05.2017 and the call was attended by the service engineer,
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however, the complainant refused to get the product repaired and the call were registered on the systems for defect in the LED TV and the details of the complaints as DEL3004170320 dated 30.04.2017, DEL2105170525 dated 21.05.2017, the complainant refused to get the product repaired, DEL2306170760 dated 23.06.2017, the complaint is related to AC and DEL1207170475 dated 12.07.2017, the complainant refused to get the product repaired.
5. The complainant filed rejoinder to the reply of OP-2 & OP-3 and denied the contentions of OP-2 & OP-3.
6. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also placed on record copy of retail invoice no.SA-2709 dated 29.10.2013 for a sum of Rs.23,000/- issued by OP-1, copy of Returnable/Non-Returnable Challan no.4518 dated 27.10.2016 issued by OP-2, copy of receipt/HCP No.272505 dated 29.10.2013 issued by OP-2 and copy of order dated 13.08.2016 passed by Hon’ble Forum bearing CC No.457/2016.
7. On the other hand, Sh. Manoj Kumar, Authorized Representative of OP-1 filed his affidavit in evidence which is as per line of defence taken by OP-1 in the written statement. Whereas OP-2 & OP-3 did not file their affidavits in evidence. OP-1 has also filed written arguments.
8. This forum has considered the case of the complainant and OPsin the light of evidence and documents placed on record by the
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parties.The case of the complainant has remainedconsistent and undoubted. There is nothing on record to disbelieve the case of the complainant. The complainant has made so many complaints on telephone and requested to OP-2& OP-3 to repair defective LED TV but OP-2& OP-3have failed to rectify the defect/problem in the LED TV nor refunded the amount of the same which proves deficiency in service on the part of OP-2& OP-3. It was the duty of the OP-2& OP-3 to rectify thedefect once for all or to replace the product or to refund the depreciated value of the product. It is expected that the new product purchased is free from all sorts of defect in the product. Accordingly, we hold OP-2& OP-3 as guilty of unfair trade practice and deficiency in service.
9. Accordingly, OP-2 & OP-3jointly or severally are directed as under:
i) To pay to the complainant an amount of Rs.20,000/- being the depreciated cost of the LED TV on return of the old LED TV & original bill to OP-2& OP-3.
ii) To pay to the complainant an amount of Rs.7,000/- as compensation towards mental agony and harassment caused to the complainant which includes cost of litigation.
10. The above amount shall be paid by OP-2& OP-3jointly or severally to the complainant within 30 days from the date of receiving copy of this order failing which OP-2 & OP-3 shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of
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receiving copy of this order till the date of payment. If OP-2& OP-3fail to comply the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
11. 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 10thday of December, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY :SATYENDRA JEET
