DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 69 OF 2016
Susanta Kumar Naik,
S/O: Suresh Chandra Naik,
R/O: Badheimunda, Ward No.14, PO: Kalimandir Road,
PS/Dist-Jharsuguda, Odisha,……………..……..……..……..………. Complainant.
Versus
- Sony India Pvt. Ltd.,
Represented through its Chairman-cum-Managing Director,
Registered Office: A-31,
Mohan Cooperative Industrial estate,
Mathura Road, New Delhi- 110 044.
- The Proprietor, M/S Kalinga Traders,
At: Beheramal, Near Mid Town Hotel,
PO: Industrial Estate,
PS/Dist- Jharsuguda ( Odisha)..………………..................... Opp. Parties.
Counsel for the Parties:-
For the Complainant Sri P.R.M Rao,Adv. & Associates.
For the Opp. Parties M/s. S. Bharti, Adv. & Associaters.
Date of Order: 14.03.2017
Present
1. Shri S.L. Behera, President.
2. Shri S.K.Ojha, Member.
3. Smt. A. Nanda, Member( W).
Shri S.L.Behera, President : - The complainant’s case in brief is that, he had purchased one Sony LED TV from the O.P.No.2 by paying Rs.17,900/- only on dtd. 21.09.2012 vide bill No. 425. In the month of July ,2016 while cleaning the said T.V the complainant noticed and shocked by seeing the sticker affixed on the back side of T.V having mentioned “ Model No. KLV 24EX430, SL. No. 3253620 SONY LCD T.V and made in Malaysia”. The complainant has purchased Sony LED T.V by paying the price of LED T.V but the O.P.No.2 has sold Sony LCD T.V. The complainant contacted the O.P.No.2 and the technical persons of O.P.No.1 but did not get any satisfactory result, hence this case.
TheO.Ps. appeared and filed written statement and submitted that the model KLV-24EX430 which the complainant has bought contains the LED backlight module and therefore, it is a LED TV only. The term “LCD” is used to describe its flat display panel and as per the specification provided on the website clearly states that the set has the LED backlight module. The complainant has used the product for almost 4 years and alleging such a frivolous complaint as such the complaint petition should be dismiss with cost.
Heard from the parties gone through the case record. The complainant purchase one Sony LED TV from the O.P.No.2 on dtd. 21.09.2012 by paying Rs.17,900/- only on good faith of the O.Ps. and using the product but after 3 years and 09 months while observing on the back side of TV noticed that the said TV having model No. KLV-24EX430 having Sl. No. 3253620 has mentioned in the sticker as “Sony LCD TV”. The complainant has filed a copy of photograph of the said sticker ( annexure-II).
Though the complainant has used the product for 4 years approximately on good faith of the O.Ps. and never noticed on the back side of the said TV. It is on the part of the O.Ps. to sell / deliver the exact product which the complainant has chosen and paid as per his choice but the O.Ps. have received the price of Sony LED TV and delivered Sony LCD TV which is unfair trade practice on the part of O.Ps.
Hence, we allow the complaint petitions with directions to the O.Ps. jointly and severally to pay a sum of Rs.5,000/- ( Rupees five thousand) only to the complainant towards compensation for mental agony, harassment and cost of the case within 30(thirty) days from the date of receiving of this order, failing which interest @ 10% per annum will be charged on the whole awarded amount till date of realization.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 14th day of March, 2017, copy of this order shall be communicated to the parties as per Rule.
I Agree. I Agree,
A.Nanda, Member (W) S.K.Ojha, Member S. L. Behera President
Dictated and corrected by me
S. L. Behera President
