Orissa

Cuttak

CC/91/2017

Manas Ranjan Mohapatra - Complainant(s)

Versus

Sony India Pvt Ltd - Opp.Party(s)

M R Dash

29 Dec 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.91/2017

 

Masnas Ranjan Mahapatra,

At:Srivihar Colony,Sun Hospital Lane,

P.O:Tulasipur,Dist:Cuttack.                                                               … Complainant.

 

                Vrs.

 

1.         Sony India Pvt. Ltd.,

A-31 Mohan Cooperative Industrial Estate,

Mathura Road,New Delhi-110044.

 

2.        M/s. SHREEJAL SERVICES

Sony Authorised Service Center,

Plot No.203/2901,196/2977,Unit-34,

Sriram Nagar,Badambadi,Cuttack-12.                                           … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   01.08.2017

Date of Order: 29.12.2017.

 

For the complainant:    Mr. M.R.Das,Adv. & Associates.

For O.Ps.                     :    None.

Sri Bichitra Nanda Tripathy,Member.

                The case is against deficiency in service on the part of O.Ps.

1. The case in nutshell is that the complainant had purchased a Sony LED TV on 26.4.2011 from M/s. Patra Electronics,C.D.A,Cuttack vide model No.KDL 32EX5201N5 and sl.no.2424452 for a price of Rs.43,706.61p.(Annexure-1).  During October,2016 the said TV developed some problem and the complainant lodged a complaint with O.P No.2 on 25.03.2017 and deposited a sum of Rs.200/- towards inspection charges.(Annexure-2).  After due inspection, it was informed to the complainant by O.P No.2 that the panel board of the said TV needs to be replaced and accordingly the complainant deposited a sum of Rs.5000/- on 10.04.2017 vide M.R No.5222 with O.P No.2 and handed over the said TV to O.P No.2. (Copy of job sheet dt.08.04.2017, money receipt no.5222 dt.10.04.2017 and job sheet dt.11.04.2017 are annexed vide Anexure-3,4 & 5 respectively).  After some days, the complainant enquired with O.P No.2 regarding the repair of the TV and O.P.2 intimated that the parts are not available and the T.V cannot be repaired.  The complainant was advised by O.P No.2 to purchase a new LED TV with a price which is less by 25% on MRP.  The complainant wanted to repair the T.V or to replace the TV since spare parts were not available. (Annexcure-6) but in vain.  The complainant issued a legal notice on the O.Ps on 20.06.2017 and it also yielded no result (Anexure-7).  Even if the O.Ps have received such legal notice.(Annexcuire-8)no action was taken by them.  Finding no other way, the complainant has taken shelter of this Hon’ble Forum.  He has prayed to direct the O.Ps to refund the cost of LED TV amounting to Rs.43,706/-, a sum of Rs.20,000/- as compensation towards mental agony and harassment along with Rs.50,000/- as compensation towards deficiency in service and unfair trade practice and a sum of Rs.20,000/- towards cost of litigation.  Thus he has claimed a total sum of Rs.1,33,706/- from the O.Ps.
2. O.Ps 1 & 2 did not participated in the hearing nor submitted any written version.  Thus we conclude that they have nothing to say further in their defense.
3. We have gone through the case records in details.  It is observed that the said TV set was purchased on 26.04.2011 and the cost was Rs.43,900/-.  The complainant lodged a complaint since the TV was out of order and has paid a sum of Rs.200/- as inspection charges on 25.03.2017.  The complainant also paid a sum of Rs.5000/- as advance towards repair charges of the said TV on 10.4.2017.  It was also a fact that the set was out of warranty and was about six years old from its date of purchase.    On 31.07.2017 the Calcutta office of the O.Ps replied to the advocate of the complainant that the display panel needs to be replaced to service the product.  They had also intimated that they had difficulty in getting the parts.  Instead of returning the TV without service, they had offered to exchange the set with any of their currently available BRAVIA TV model of customer’s choice at 75% of MRP.  Such offer was available till 15.08.2017.  The complainant was not interested for such an offer.  O.P No.1 & 2 did not participate in the hearing nor submitted any written version.  Thus, we have concluded that they have nothing to say further in their defense.  We are also constrained to believe the uncontroverted complaint of the complainant that the set was not repaired even if a sum of Rs.5000/- was paid for the purpose.  O.P No.2 should have advised the complainant regarding non-availability of spare parts whereas they have accepted a sum of Rs.5000/- and also taken the TV for repair.  They failed to repair the same on the ground of non-availability of spare parts and  O.P No.2 preferred to keep quite on the matter.  Such an act of O.Ps amounts to deficiency in service.

ORDER

Basing on the facts and circumstances as stated above, the O.Ps will refund a sum of Rs.20,000/- towards the cost of old TV taken by O.P No.2 for repair.  The O.Ps will also pay a sum of Rs.20,000/- as compensation towards mental  harassment and a further sum of Rs.10,000/- towards cost of litigation.  Thus the O.Ps will pay the complainant a sum of Rs.50,000/- in total within a period of 45 days, failing which the complainant is at liberty to take shelter of this Forum as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 29^th day of December,2017 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

                                                                                                            Member.

 

                                                                                                   (  Sri D.C.Barik )

                                                                                                          President.

                                                                                               (Smt. Sarmistha Nath) 

                                                                                            Member(W).