Case No.CC/11/2020

Date of Institution:-10.01.2020

Order Reserved on :-18.11.2024

           Date of Order :-25.11.2024

IN THE MATTER OF:

Sh. B. Jothy Shankar

Flat No. 3, 1^st Floor,

Pocket-A, Sector-17, Phase-II,

Dwarka, New Delhi – 110078.

          …..Complainant

VERSUS

1. Sejal Sales

A-3, Main Gurgaon Road,

New Roshanpura, Near Reliance Fresh,

Najafgarh, New Delhi – 110043.

2. CP Plus AdityaInfotech Ltd.

1. Corporate Office PAN India Importer

A-12, Sector-4, Noida (Delhi-NCR)

Uttar Pradesh – 201301.

2. State-of-the-Art Service Center in Delhi

AdityaInfotech Ltd.

F-28, Okhla Industrial Area, Phase-I,

New Delhi – 110020.

… Opposite Parties

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are thatthe complainant has requested Mr. Sachin, official of OP-1 for purchase of CP Plus and other CCTV products.   The official of OP-1 informed the complainant that he has to do a site visit once in order to advise of the complainant for installation of cameras, wires in length and other accessories. The official of OP-1 has visited the house of the complainant on 16.12.2017 and prepared a rough estimate and informed the complainant that he became a retailer of CP plus products through a CP plus distributor while negotiating the products, accessories price and assured the complainant for a separate ‘onsite warranty’ of 2 years for the service rendered and would attend anytime without any charge in respect of any product defect, malfunction, maintenance related etc.   The complainant has agreed and paid Rs.20,500/- in cash to the official of OP-1. The official gave receipt against cash by signing it. The complainant has asked for the bill on 18.12.2017, the official of OP-1 has informed the complainant that he would hand deliver it at his home on 19.12.2017 but  the official of OP-1 has not hand deliver of the bill to the complainant.The complainant went in person to collect the bill on 22.11.2017 and there was discrepancy in bill amount, the entire amount of Rs.20,500/- paid by the complainant was not shown in the bill as per their version and he asked the complainant to accept the bill as it is because the installation charges for six cameras and the accessories were not shown reason being that the installation charges for the camera was initially quoted Rs.400/- per camera and after negotiation it was reduced to Rs.300/-.  The OP has assured the complainant that he would honour his words on the onsite warranty, which was for two years on invoice of the product.  One of the camera malfunctioned in a week’s time and Sejal Sales (OP-1) replaced it with a new camera under product warranty without any charges.  In January, 2018, the DVR started beeping and was not recording and the complainant has contacted CP Plus toll free number to report this defect.  OP advised the complainant to take CCTV in person to their authorized service center at Kiran Garden, Matiala Road, Uttam Nagar, New Delhi for testing it in the laboratory.  The OP-2 has informed the complainant that hard disk could have crashed due to power surge issues and asked the complainant to buy a Micro Load Sensor (MLS) Uniform Power Supply (UPS) for his CCTV.  The hard disk was under warranty  and it was replaced on 25.02.2018. 
   The complainant had gone to Janakpuri West District Center and purchased a microphone from SonyInfotech CCTV shop and he fixed it with CCTV but the noise pollution was generated in the DVR CCTV again and again.  The complainant has made numerous complaints with both the OPs to address his grievances but the OPs have not sorted out his grievances.  On 11.11.2019, the complainant has contacted the OP-1 and Mr. Sachin and he said that he would charge nominal fee for couriers for repair it in Okhla. A junior technician Mr. Pawan from CP Plus service center Okhla visited the complainant house and informed that microphone was not working and he asked Rs.400/- for microphone and Rs.200/- for the site visit but the complainant informed that there is a two years warranty on the product.  Mr. Pawan has assured the complainant the he would come again with senior technician.  The Complainant spoke to Sejal Scale’s Mr. Sachin and he said that he is not a retailer in CP Plus products now and CP Plus is not supporting him.  The OP-2 has stated that microphone was not a CP Plus genuine accessories for which complainant has asked him to come with a CP Plus genuine microphone and fix it.  The complainant has stated that both the OPs failed to redress his grievances and rectify the problem and hence there is a deficiency in service on their part.  Hence, this complaint.
2. The complainant has prayed for refund of his entire amount alongwith interest and cost of litigation and any other order as the Commission may deem fit and proper in favor of the complainant.
3. OP-1 did not file any reply to defend the case and the defence of OP-1 was closed vide order dated 03.03.2023.
4. OP-2has filed written statement taking preliminary objections thatOP-2 is dealing in distribution of the security surveillance and IT related products and working on PAN India basis. The OP-2 renders after sales/warranty services in strict compliance of the warranty conditions clearly defined and disclosed by them.  OP-2 does not provide onsite warranty services. The OP-2 has stated that the complainant has admitted in his complaint that invoice issued by OP-1 in not genuine.   Secondly, he has himself admitted that there was no onsite warranty from OP-2.  The complainant has entered into any alleged understanding  separately which is contrary to OP-2 terms and conditions then OP-2 is not privy to any such alleged understanding and OP-2 cannot be dragged into it by the complainant.  OP-2 stated that merely for customer satisfaction the OP-2 has not only replaced the DVRs on two occasions but also provided its services onsite as a good will gesture.  But the complainant appears to be in habit of himself tweaking with the systems and keeps experimenting with adding 3^rd party accessories into the system which is creating the problem.  The OP-2 has instructed its local system integrator to investigate the complaint and also conducted a remote session check to ascertain the problem.  On inspection, it was found that there was no technical problem whatsoever with the CCTV microphone and DVR but it was a third party make MIC installed by the complainantwhich was not functioning, the defective MIC which were not of CP Plus make of OP-2.  The OP-2 has informed the complainant to replace with genuine MIC.  But the complainant appears to be a very zealous litigant who is more interested in litigation rather than instant resolution.  Hence, the complaint is liable to be dismissed.
5. The complainant has filed rejoinder reiterating the allegations made in the complaint and denying the allegations leveled in the written statement.
6. Both the contesting parties have led evidence as well as filed written arguments in support of their case.
7. On 18.11.2024, the case was listed for arguments none has appeared on behalf of complainant. Written arguments of the complainant are already on record.We have heard the Ld. Counsel Sh. AviralAgnihotri who have  appeared on behalf of OP-2. Defence of OP-1 was struck off. A liberty was given to the complainant to address oral argument within 7 working days. Hence, the case was reserved for orders.
8. We have carefully considered the material on record and thoroughly perused the documents placed on record.
9. It is the case of the complainant that he has purchase of CP Plus and other CCTV products.   The official of OP-1, Mr. Sachin informed the complainant that he has to do a site visit once in order to advise of the complainant for installation of cameras, wires in length and other accessories.  The official of OP-1 has visited the house of the complainant on 16.12.2017 and prepared a rough estimate and informed the complainant that he became a retailer of CP plus products through a CP plus distributor while negotiating the products, accessories price and assured the complainant for a separate ‘onsite warranty’ of 2 years for the service rendered and would attend anytime without any charge in respect of any product defect, malfunction, maintenance related etc.   The complainant has agreed and paid Rs.20,500/- in cash to the official of OP-1. The official gave receipt against cash by signing it.  The complainant has asked for the bill on 18.12.2017, the official of OP-1 has informed the complainant that he would hand deliver it at his home on 19.12.2017 but  the official of OP-1 has not hand deliver of the bill to the complainant. The complainant went in person to collect the bill on 22.11.2017 and there was discrepancy in bill amount, the entire amount of Rs.20,500/- paid by the complainant was not shown in the bill as per their version  and he asked the complainant to accept the bill as it is because the installation charges for six cameras and the accessories were not shown reason being that the installation charges for the camera was initially quoted Rs.400/- per camera and after negotiation it was reduced to Rs.300/-.  The OP has assured the complainant that he would honour his words on the onsite warranty, which was for two years on invoice of the product.  One of the camera malfunctioned in a week’s time and Sejal Sales (OP-1) replaced it with a new camera under product warranty without any charges.  In January, 2018, the DVR started beeping and was not recording and the complainant has contacted CP Plus toll free number to report this defect.  OP advised the complainant to take CCTV in person to their authorized service center at Kiran Garden, Matiala Road, Uttam Nagar, New Delhi for testing it in the laboratory.  The OP-2 has informed the complainant that hard disk could have crashed due to power surge issues and asked the complainant to buy a Micro Load Sensor (MLS) Uniform Power Supply (UPS) for his CCTV.  The hard disk was under warrantyand it was replaced on 25.02.2018.The complainant had gone to Janakpuri West District Center and purchased a microphone from  SonyInfotech CCTV shop and he fixed it with CCTV but the noise pollution was generated in the DVR CCTV again and again.  The complainant has made numerous complaints with both the OPs to address his grievances but the OPs have not sorted out his grievances.  On 11.11.2019, the complainant has contacted the OP-1 and Mr. Sachin and he said that he would charge nominal fee for couriers for repair it in Okhla. A junior technician Mr. Pawan from CP Plus service center Okhla visited the complainant house and informed that microphone was not working and he asked Rs.400/- for microphone and Rs.200/- for the site visit but the complainant informed that there is a two years warranty on the product.Mr. Pawan has assured the complainant the he would come again with senior technician.  The Complainant spoke to Sejal Scale’s Mr. Sachin and he said that he is not a retailer in CP Plus products now and CP Plus is not supporting him.  The OP-2 has stated that microphone was not a CP Plus genuine accessories for which complainant has asked him to come with a CP Plus genuine microphone and fix it.  The complainant has stated that both the OPs failed to redress his grievances and rectify the problem and hence there is a deficiency in service on their part. 
10. The complainant has purchasedCP Plus and other CCTV products and paid  considerationRs.20,500/-. The complainant informed both the OPs to rectify the issues in the system but the OPs have not rectified the problem.  OP-2 has stated that they have changed DVRs on two occasions but DVR is not working satisfactorily. This clearly constitutes a deficiency in service and unfair trade practice on the part of the OPs.
11. Accordingly, we allow the complaint of the complainant and direct the OPs jointly or severally to refund Rs.20,500/- (Rupees Twenty Thousand Five Hundred) alonwthRs.10,000/- (Rupees Ten Thousand)as lumpsumfor mental harassment and litigation charges to the complainant within 45 days from date of receipt of order.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announced in the open Court on 25.11.2024.