West Bengal

South 24 Parganas

CC/190/2015

Kamal Ghosh. - Complainant(s)

Versus

Sony India , C/O Teknoplaza - Opp.Party(s)

30 Sep 2015

ORDER

      DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _190_ OF ___2015___

 

DATE OF FILING : 20.4.2015     DATE OF PASSING JUDGEMENT:  30.9.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattacharya

                                                                             

COMPLAINANT             :     Kamal Ghosh, 2/57, Bejoygarh, Kolkata – 32.

 

 

-VERSUS  -

 

O.P/O.Ps                            :   Sony India, C/o Teknoplaza, Binoy Giri Apartment, Fartabad More, Garia Station Road, Kolkata – 84.

 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President                                    

            This is an application under section 12 of the C.P Act, 1986 filed by the complainant.

            This complaint gave birth since he has purchased one Sony Home Theatre System along with a Sony LCD TV on 26.3.2011 from Fairdeal International (J.S.) Santoshpur, Kolkata. The cost of the set was 16,500.05 including VAT. After purchase complainant faced problem to play the Home Theatre after three months from the date of purchase which has been reflected in the display board ( Push Power Protect) ,that is why the set was completely dead and the said problem cropped up during the course of warranty period. Complainant requested to replace the set but the O.P did not pay any heed to it. It has further stated that after the warranty period repairing charges was also deposited on 18.5.2013 but inspite of that the said set was not in operational condition ,for which he returned back the set to the Service Centre but he was refused to get back the same by the service centre. Hence, this complaint with a prayer to replace the set and compensation of Rs.20,000/- and cost of the case.

            It appears from the record that inspite of sending summon none appears on behalf of the O.P and inspite of that applying our considerable amount of natural justice O.P was given a date i.e. 21.7.2015 for filing written version as last chance but on that date resolution of local bar  was passed for not passing any adverse order ,for which, another date was fixed on 8.9.2015 for filing written version as last chance and on 8.9.2015 although complainant was present ,as usual O.P takes no step, for which in the compelling

 

 

circumstances we fix today for exparte hearing . Complainant filed a petition stating that complaint filed on affidavit may be treated as my evidence ,that is why the case is taken is taken up for exparte argument. We have heard the argument of the complainant in person and perused the documents.

            Points for decision is whether the O.P acted deficiency in rendering services to the complainant or not.

                                                                        Decision with reasons

            The document of the Service Centre of the O.p clearly suggest that the set is dead . It also appears from the record that complainant also paid repairing charges of Rs.950/- to Technoplaza and one Mr. S Chatterjee Ghosh accepted the said amount but inspite of such attempt from the side of the complainant after purchasing the said set , he faced day by day harassment and is not enjoying the Home Theatre of Sony Model no. DAV-DZ310//CE12  13041281 .

            Since the problem is coming out after purchasing the said Set just after three months ,then how the complainant keeps his reliance upon the said set which is suffering from inherent defect ,but that has not been cured within the warranty period and even after warranty period after payment of further repairing charges of Rs.950/-. So, this clearly suggests that Sony India, the O.P, acted unfair trade practice through their agent Techno Plaza situated at Binoy Giri Apartment, Fartabad More, Garia Station Road, Kolkata – 84 . It is unfortunate to comment that Sony India being a leading concern of this arena failed to comply the same and also failed to achieve the happiness of the consumer/complainant which is very much unfortunate and we believe that Sony India keeping their reputation will replace the said set by a new set of same model or with a better model .

            With that observation it is

                                                                        Ordered

That the complaint case is allowed in exparte against O.P with cost of Rs.,1000/-.

The O.P-1 is directed to replace the Home Theatre with a new one of same model or more better model of same concern  positively within one month from this date.

O.P is also directed to pay compensation to the tune of Rs.20,000/- for his harassment and mental agony and cost of Rs.1000/- to the complainant within one month from this date.

 

 

 

Be it mentioned here that after the stipulated date if the said Home Theatre set is not replaced ,then the complainant is at liberty to execute the order through this Forum and in that event O.P has to bear further cost of Rs.10,000/- towards punitive damage and that amount will be deposited in the Consumer Legal Aid Fun .

Let a plain copy of this order be sent to the O.Ps through this Forum for strict compliance and a copy be handed over the complainant free of cost for information.

 

 

Member                                                           Member                                               President

 

Dictated and corrected by me

 

 

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

 

Ordered

That the complaint case is allowed in exparte against O.P with cost of Rs.,1000/-.

The O.P-1 is directed to replace the Home Theatre with a new one of same model or more better model of same concern  positively within one month from this date.

O.P is also directed to pay compensation to the tune of Rs.20,000/- for his harassment and mental agony and cost of Rs.1000/- to the complainant within one month from this date.

                                                                                                                                         Be it mentioned here that after the stipulated date if the said Home Theatre set is not replaced ,then the complainant is at liberty to execute the order through this Forum and in that event O.P has to bear further cost of Rs.10,000/- towards punitive damage and that amount will be deposited in the Consumer Legal Aid Fun .

Let a plain copy of this order be sent to the O.Ps through this Forum for strict compliance and a copy be handed over the complainant free of cost for information.

 

 

Member                                                           Member                                               President