This is a complainant made by one Ranjeet Singh, 4/14 HIG (L) Sarsuna Hsg Estate, Phase-II, Biren Roy Road (W), Kolkata-700 061 and Pratibha Singh, N-356, B-8, Top floor, B.P.Township, Opposite Patui Fire Station, Kolkata-700 094 against (1) Sony India Pvt. Ltd. and (2) Khosla Electronics Pvt. Ltd. praying for replacing the T.V/ Panel and refund Rs.34,500/- and also refund of Rs.3,200/- as cable charges for eight months from November, 2015 to June, 2016 and for paying Rs.5,000/- as incidental expenses.
Facts in brief are that Complainant purchased a Soni LED TV of 32” from Khosla Electronics Pvt. Ltd. for Rs.34,500/- on 16.11.2012 and gifted it to their niece Pratibha Singh which was installed at top floor of B. P. Township, opposite Patuli Fire Station.
In the first week of November, 2015 the said T.V. started trouble. Complainant Pratibha Singh called Sony authorized service centre. The concerned engineer checked the panel of the T.V. and stated that it has to be changed, which will cost Rs.11,000/-. At this Complainant became astonished; because, he was of the view that warranty of panel is valid for 10 years. The niece of the Complainant sent a mail to the Sony India Pvt. Ltd. from where a reply was received. But, ultimately, the T.V. could not function properly. So, Complainant filed this case.
On the basis of the above facts, notices were issued. But, OP did not appear. So, the case was heard ex-parte.
Decision with reasons
Complainant filed affidavit-in-chief wherein Complainant reiterated the facts mentioned in the complaint. OPs have replied to the complaint. But they did not participate in the contested hearing of the complaint. OPs have refuted the allegations of the complaint and referred certain decisions wherein they have made attempt to state that the liabilities of the OPs are not as alleged by the Complainant. However, OPs did not contest the allegations by regularly attending the Forum.
Main point for determination is whether the Complainant is entitled to the reliefs as prayed for.
On perusal of the Xerox copy of the challan issued from OP No.2 Khosla Electronics Pvt. Ltd., it appears that the T.V. was purchased at Rs.34,500/- and since it was purchased on 16.11.2012 the warranty of this T.V. has to be considered. It is the allegation of the Complainant that after about three years the T.V. started giving trouble. Thereafter, the Complainant made correspondences for getting refund of the price of the T.V. But, since the T.V. ran for three years properly, the question of refund of total price does not arise. At best the OPs can be directed to repair the T.V. on their own cost.
Hence,
ordered
CC/266/2016 is considered and allowed ex-parte in part. OPs are directed to repair the T.V. within two months of this order or pay Rs.10,000/- to the Complainant, in default, the amount shall carry interest @ 10%p.a. till realization. The responsibility of the OPs is joint and several.
