Order No. 16 Dated 15/12/2015.
The case of the complainant in short is that complainant purchased one LCD TV of Sony make in the year 2011. After installation of the said TV complainant is not at all satisfied about its performance. On 3.7.13 complainant made complaint regarding the appearance of coloured bars on the TV screen. The representative of o.p. after inspection the set, opined that there were defects on the panel and asked to pay Rs.11,638/- for rectification of the defect.
The TV set had inherent manufacturing defect that is why from the beginning complainant has to make several telephonic complaints and finally a major part of the set has become malfunctional within two years from purchase. This short of complaint to the TV set and the denial of rectification of the same by o.p. without charging any extra payment is nothing but the glaring instance of deficiency in service from the part of o.p. who is duty bound to rectify the inherent manufacturing defect for which a poor consumer is not at all responsible.
O.p. being a famous multination al electronic company, a recognized holder of work famous electronic brand doing business in India cannot keep the issues pending for months together as it is evident from the latest reply addressed to complainant through e-mail.
The TV set may be either replaced or necessary direction may be issued to o.p. for rectification of the defects free of cost of materials. Hence, the case was filed by the complainant with the prayers contained in the prayer portion of the petition of complaint.
Decision with reasons:
O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. We find from the w/v of o.p. that o.p. was engaged in the business of distribution and marketing of various electronics items under the brand name of ‘Sony’ and it holds a reputed position in the field of electronics. It is submitted that the products of the o.p. are sold to customers through a network of its authorized dealers and the after sales services on those products are provided through a network of its authorized service centres across the country. O.p. provides a limited warranty on its products and the liability strictly lies in accordance with the terms and conditions of the warranty provided by it and it cannot be held liable for the claims falling outside the scope of the warranty. O.p. is liable to provide free of cost repair on the product only during the warranty period of one year and that too in cases of defect due to improper material or workmanship.
We have gone through the pleadings of the parties, evidence and documents in particular and it is the averment of the complainant disclosed in the complaint petition vide para 7 (2)(a) that the TV set may be either replaced or necessary direction may be issued to o.p. for rectification of the defects free of cost of materials.
Considering the facts and circumstances and the findings made above, we find that o.p. had made deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to replace the TV set in question by a new one and is further directed to pay to the complainant compensation of Rs.15,000/- (Rupees fifteen thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is also directed to return the old TV set in question to o.p. on the date of replacement of the new TV in question.
Supply certified copy of this order to the parties free of cost.
