Delhi

East Delhi

CC/29/2022

ABDUL MATEEN - Complainant(s)

Versus

SARGEM ELECTRONICS - Opp.Party(s)

07 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. No. 29/2022

 

 

	Abdul Mateen R/o. 1367, Gali Madarsa, Shah Abdul Aziz, Kalan Mahal, Darya Ganj, Delhi-110002.	….Complainant
Versus
1.         2.	Sargam Electronics, Through its Director/Proprietor/A.R. E-65, Jawahar Park Laxmi Nagar, Vikas Marg, Delhi-110092.   Q-Digi Services Limited Samsung Service Centre Through its Director/Proprietor/A.R. D-166, Industrial Area Okhla Phase-I, New Delhi-110020.	……OP1           ……OP2

 

 

Date of Institution: 24.01.2022

Judgment Reserved on: 07.07.2023

Judgment Passed on: 07.07.2023

                       

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms.Rashmi Bansal (Member)

 

 

Judgment By: Shri S.S. Malhotra (President)

 

 

JUDGMENT

1. By this judgment commission shall dispose off the complaint of the complainant w.r.t. deficiency in services in selling defective television set by OP, and then not rectifying the defect by OP2.
2. Brief facts as stated by the Complainant in the complaint are that he purchased one TV, Samsung, through Bajaj Finance Company from OP1 on 13.07.2021 vide Invoice No. 240169 for the cost of Rs. 65,000/- out of which Rs. 5000/- was made down-payment. The demo-person delivered the TV in the house of complainant. The TV Set as supplied was found to be quite dusty, but the said person cleaned and installed the same in the house of the complainant but after few months TV Set used to close automatically after one hour or 4 to 5 hour and even there was no display sometimes, for which complaint was made and some service person of OP came and changed some parts and made the TV in the running condition, however after some days the complainant noticed that there are certain small black spots on the TV for which he again made a complaint on 18.12.21 and the service person came again & he clicked the photo of the TV and sent the same to his office. The next day he received one call from the TV service centre who advised that TV panel is not working properly and the same would be changed and TV Set has to be sent to the company. The complainant refused to get the panel changed and demanded that new TV in lieu of earlier sold TV which was purchased just five months back and called the manager of OP1 Mr. Naushad & demanded a new TV in place of defective, whereafter the said manager advised the complainant to visit branch office & then his complaint would be sent to the head office for approval and it would take around 15 days. The complainant accordingly did all the relevant/necessary procedure but after having expired 15 days no information was received and OP did not pay any heed to his request.
3. The complainant submitted that selling defective TV amounts to deficiency in service and it also amounts to unfair trade practice on the part of OP and as such he filed the present complaint thereby asking direction to OP to handover the new TV which is purchased by the complainant from OP and in the alternate direct to return Rs.65,000/- alongwith interest @18% p.a. alongwith compensation of Rs.50,000/- and litigation charges.
4. OPs were ordered to be served but despite service none of the OPs appeared and were proceeded ex-parte vide order dated 20.12.2022. Complainant has filed his evidence by way of affidavit and has filed copy of the bill as exhibit CW-1/1 and copy of the complaint as exhibit CW-1/3.
5. The Commission has heard the argument and perused the record.
6. The complainant had purchased the TV for Rs. 65,000/- however the bill as has been placed on record is for Rs. 60,000/- only and not Rs. 65,000/-. Further complainant submits that he took loan from Bajaj Finance Company but there is nothing on record to show that TV was purchased after taking loan as alleged. The complainant claims that he has given the complaint to the OP & he has filed ‘messages’ as read from the OP confirming the receipt of complaint. The Commission had no opportunity to hear the OP, as despite service the OP has not turned up to put its version. Accordingly the version of the complainant has gone unrebutted w.r.t. the complaint made. Although it is not clear as to for what matter the complaint was lodged, but same complaint was definitely made. Apparently there is deficiency of service on the part of the OP w.r.t. providing the service to the complainant. Further it is observed that the complaint has not mentioned specifically any fact or any date w.r.t. defect or time. Further there is no opinion of any expert w.r.t the extent of damage to the television. The complaint is otherwise made after five months of the purchase of TV. Neither there is specific complaint w.r.t. spots or the size or extent of such spots nor there is any opinion of the mechanic or expert that the tube is defective. The version of the technical who visited the complainant is also not supported by any document.   
7. Keeping in view of all these facts the Commission is of the opinion the complainant is not able to prove the alleged deficiency in selling defective product but definitely there is some deficiency in not providing the ‘after sale service’ to the complainant by OPs within warrantee period.
8.  Therefore in the fitness of facts & circumstances of the case, the OPs are directed jointly & severally to pay 50% of the cost of TV i.e. Rs.30000/- to the complainant alongwith litigation charge of Rs.5000/- & also pay the compensation of Rs.10,000/-. The complainant would return the TV. The amount would bear interest @6% P.A.from the date of filing the complaint till realisation, if paid within 30 days of receiving the copy of the order.
9. However if the order is not complied by the OPs within 30 days of receipt of copy of judgment the OP would pay interest @9% P.A. from the date of order till actual realisation on the entire amount of Rs.45000/- w.e.f. today till actual realisation.       
3. opy of the Order be supplied/sent to the Parties free of cost as per rules.

File be consigned to Record Room.

Announced on 07.07.2023.