Delhi

North East

CC/190/2016

SANDEEP SANGRA - Complainant(s)

Versus

SHARMA ENTERPRISES - Opp.Party(s)

21 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.190/16

 

In the matter of:

 

	Sandip Sungra B-1/19, Rana Pratap Bagh, Delhi 110007.	Complainant
	Versus
1         2	M/s. Sharma Enterprises Plot No. 28 A/B/C Mahalaxmi Enclave Shiv Vihar, Delhi-110094.   M/s. Intex Technolgies India Ltd. D 18/2, Okhla, Phase-II, New Delhi 110020.	Opposite Parties

 

	DATE OF INSTITUTION:	22.07.2016
	RESERVED FOR ORDER:	17.05.2018
	DATE OF DECISION:	21.05.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member:-

ORDER

1. The complainant had submitted that he had purchased a LED Intex 32 Inch Model No. 3220 manufactured by OP2 from OP1 (retail outlet) for an amount of Rs. 14,500/- vide bill no. RI-20/0082 dated 20.03.2016. However, the above LED stopped working within one week of its purchase on 27.03.2016 for which the complainant lodged a complaint with the Call Centre of OP2 about the said LED getting switched on / off automatically and no sound coming from the speakers. The service engineer visited the house of the complainant but merely noted the Model Number and went away without repairing. Thereafter, the complainant made several calls to Service Centre of OP2 but service engineer visited his house thrice but without any equipment. The complainant visited the service centre of OP2 personally but no satisfactory reply was given. Therefore the complainant filed the present complaint and prayed to this Forum for directions to OPs to replace the said LED with a higher/better model and to pay an amount of Rs. 50,000/- as compensation for accident suffered by him and his motorcycle broken on this account while returning from mediation proceedings held in this regard before mediation and conciliation center. The complainant had attached a copy of Mediation Cell Order issued by Delhi Govt. Mediation & Conciliation Centre, Distt. North-East, FF, Nand Nagri, Delhi-110093 dated 02.07.2016, wherein it was settled between the parties that Intex Tech India Ltd. / OP2 will change the LED 32” – 3220 with new LED 32” by 10.07.2016 between 10:00 A.M. to 02:00 p.m. and it was agreed between the parties that OP2 will replace and install new LED on the same day and will also give new and fresh guidelines to customer care for better services to complainant and that settlement is towards full and final settlement of all complainants and grievances of complainant against OP2. A copy of retail invoice dated 20.03.2016 towards the purchase of LED Intex 32” – 3220 for an amount of Rs. 14,500/- by complainant from OP1 has been attached.  
2. Notices u/s 13 CPA were issued to OPs and the same were  delivered to OP1 and OP2 on 20.08.2016 and 19.08.2016 respectively but none of the OPs appeared before this Forum and were proceeded against ex parte on 28.09.2016 save and except on 21.10.2016 when OP2 appeared through counsel and offered a new LED TV with full warranty to the complainant but the complainant did not agree for the same and asked for charges towards harassment and legal expenses and settlement failed due to subsequent non appearance of OP2.  
3. Ex parte affidavit of evidence and written arguments were filed by the complainant on 27.02.2017 and 27.04.2017 respectively wherein the grievance in his complaint was reiterated alongwith e-mails written by the complainant to OP2 in the period of May 2016 and copy of itemized telephone bills of calls made by the complainant to OP1 were placed on record. In the written arguments, the complainant stated that a Mediation Settlement had taken place before Delhi Govt Mediation and Conciliation Centre, Nand Nagri on 02.07.2016 but the OP2 didn’t comply with the terms and conditions of said settlement and hence, the complainant was compelled to approach the Consumer Forum to get a new and higher model LED TV in place of old one and also to recover an amount of Rs. 50,000/- for mental agony and harassment suffered by him.
4. Arguments were heard from the complainant alongwith evidence perused which was submitted by complainant in support of his contentions.

It has been noted that the complainant had submitted the photocopies of the emails written by him to OP2 and the replies given to him by OP2 wherein the complainant has again and again pointed out about the deficiencies faced by him in the LED and OP2 assuring him again and again that the same would be taken up to serve him better. We have also perused the itemized calls made by the complainant to OP2. Accordingly, we are of the considered view that the LED purchased by complainant did not work properly from the beginning and the complainant had been making complaints to OP2 for removal of deficiencies but the OP2 didn’t repair the same and did not provided satisfactory service to the complainant. Moreover, the OPs failed to appear before this Forum to explain their defence and to rebut the contentions made by the complainant. Therefore, in view of the allegations of the complainant gone un-rebutted, we opined that the complainant has succeeded in establishing a case of deficiency in service against OP1 and OP2 as dealer / seller and manufacturer respectively of the defective LED. the on part of OP2. Therefore, we direct OP2 to replace the faulty LED TV with a new set of LED TV of same or equivalent model. We direct both OP1 and OP2 jointly and severally to pay an amount of Rs. 10,000/- towards the compensation for mental agony, harassment and physical pain inclusive of litigation charges to the complainant. Let the order be complied within 30 days from the date of receipt of copy of this order.

5. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6. File be consigned to record room.

(Announced on 21.05.2018) 

           

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member