1.     L.G.Super Electronics, Shop No.1, Opp. Police Post Dhanas, Chandigarh, through its Proprietor Shri Harjeet Singh.

2.     L.G. Electronics India (P) Limited, Regd. Office, A-27, Mohan Cooperative Industrial Estate, Mathura, Road, New Delhi, through its Authorized Signatory Shri O.P. Pandiya.

3.     L.G.Customers Care Centre, S.C.O. No.63, Sector 46-C, Chandigarh

……Appellants/Opposite Parties

V e r s u s

Shri Surinder Singh son of Late Shri Ram Dass Singh, Resident of House No.3337/1, Housing Board Colony, Dhanas, Chandigarh.

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:  

Argued by:

PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

“Keeping the aforesaid principles in mind as well as the facts & circumstances in entirety, of the present case and the evidence/ documents placed on record by both the parties, the facts speak the deficiency in service as well as unfair trade practices adopted by the OPs.  Thus, the complaint, having lot of merit, weight and substance, deserves to be allowed.  The same is accordingly allowed.  The OPs are jointly & severally directed to supply all accessories of 3D LED as provided/stipulated by the Company and to pay Rs.20,000/- as compensation for causing mental & physical harassment to the complainant. The OPs are also directed to jointly & severally pay litigation cost of Rs.10000/- to the complainant. 

This order be complied with by OPs, jointly & severally, within a period of 30 days, from the date of receipt of its copy, failing which, they would be jointly & severally, liable to pay a total penal amount of Rs.50,000/-“.

2.           the complainant purchased one 3D LED, from Opposite Party No.1, for a sum of Rs.84,990/-, on 14.10.2011 vide bill/cash memo Annexure C-1. It was stated that there were some missing items/accessories i.e. table stand parts, stand body, stand rear cover etc., 8 GB Universal Serial Bus (USB) Drive 3D, 4 coloured 3D glasses Hungama Subscriber worth Rs.899/-and scratch card. The complainant made a number of visits to the premises of Opposite Party No.1, for the supply of these accessories, but it only supplied one 8 GB 3D USB Drive and scratch card, out of which the said USB Drive was found defective. Opposite Party No.1 was requested to replace the defective USB, but it refused to replace the same, on the ground, that replacement of the same, would be done by the Company only.   

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10.         Mr.Om Prakash Pandiya, in pursuance of the Resolution, passed in the Board meeting, held on 13.07.2010, in the presence of Mr. H.C. Moon, Alternate Director to Mr. Soon Seop Jung and Mr. P.K. Panda, Company Secretary, who put their signatures thereon. It is further evident, from photocopy of the SPOA that it bears the photo-stamp of the Notary Public. It means that the SPOA was duly notarized. It is further evident, from paragraph number 2 of this SPOA, that Mr.Om Prakash Pandiya, was duly authorized to file

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                      The direction of the District Forum, for payment of penal amount of Rs.50,000/-, in the event of non-compliance of the order impugned, within 30 days, from the date of receipt of a certified copy thereof, by the Opposite Parties, jointly and severally, is set aside.

                    The order passed by the District Forum, directing the Opposite Parties, jointly and severally, to supply all accessories of 3D LED, as provided/stipulated by the Company, in the brochure; pay Rs.20,000/-, as compensation for causing mental agony and 

                    Any other direction, given by the District Forum, which is contrary to, or in variance of this order, subject to the modification aforesaid, shall stand set aside.

                   This order shall be complied with, by the appellants/Opposite Parties, jointly and severally, within 30 days, from the date of receipt of a certified copy thereof, failing which, the respondent/complainant shall be at liberty to enforce the same.

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Pronounced.

September 3, 2013

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

(DEV RAJ)

MEMBER

Rg