Orissa

Rayagada

CC/340/2016

Tangudu Ravi Kumar - Complainant(s)

Versus

Sri Uma Sankar Electrical and Gifts - Opp.Party(s)

Self

01 May 2017

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

                                                     C.C. Case  No.340/ 2016.

                                                                       

 P R E S E N T .

Sri Gadadhara Sahu, B.Sc.                                    Member

Smt.Padmalaya Mishra,LL.B                                  Member

            Sri Tangudu Ravi Kumar ,S/o Tangudu Nagabhusan Rao,Aged about 35 years, Resident of Jaltar,At/Po Jaltar,Via: Gunpur,P.S.PUttasingi, Dist.          Rayagada, Odisha.                                                                                                                                                                                                                                                                                     ………Complainant

Versus

1.  M/s Sri Umashankar Electronics & Gifts < Main Road,Gunupur-765022,Dist. Rayagada, Odisha.
2.  Sony India Private Limited, Regd. Office, A 31,Mohan Cooperative Industrial Estate, Mathura Road, New Delhi,110044.                                                                                                                                         ……...Opp.Parties

Counsel for the parties:

For the complainant: Self

For the O.Ps: Set Exparte.

                                                            JUDGMENT

                        The facts of the complaint  in brief is that,  the complainant has purchased  one Sony 32” LED TV  from O.p. No.1 with a  consideration of Rs.34,000/- on 11.11.2015  vide Money Receipt No.40 dt.11.11.2015 but  after  two months of   its  purchase the   said TV   set  was found defective and it was given for service to the service centre at Rayagada for two to three times but the defects could not be rectified. So the complainant reported the matter to the customer care on 14.12.15, on Feb,2016 and on 23.08.2016 but they refused to attend the complaint and hence finding no other option  the complainant  approach this forum and prayed to direct the O.ps  to  refund the cost of TV and  award compensation for mental agony  and such other relief as the forum deem fit and proper . Hence, this complaint.

                         On being noticed, the O.ps neither  appeared   nor f filed written  as such the Ops were set exparte and we proceeded the matter in absence of  any written.

                                        

                        Heard and perused the complaint petition and documents filed by the complainant and we accept the grievance of the complainant. The Complainant  argued that the O.ps have sold a defective  TV set  to the complainant and claimed that the O.ps caused deficiency in service and deprived of the complainant of enjoyment of the TV set  since the date of  its purchase  which caused mental agony and harassment to the complainant.

Now we have to see whether there was any negligence of the Ops  in providing  after sale service  to the complainant as alleged ?

 

We perused the documents filed by the complainant.  Since the TV set found defective after its purchase    and   the complainant  informed the Ops regarding the defect but the  Ops   failed to remove  the defect . At this stage we hold that  if the TV set  require  servicing since  the date of its purchase, then it can be presumed that it is defective one and if the defective TV set  is sold to the complainant , the complainant is entitled to get refund of the price of the article or to replace a new  one or  remove the defects  and also the   complainant is entitled  and has a right to claim compensation and cost to meet his mental agony , financial loss.  In the instant case  as it is appears that the TV set  which was purchased by the complainant had developed  defects and the O.ps were unable to restore its normal functioning during the warranty period. It appears that the complainant invested  a substantial amount and purchased the TV set  with an expectation to have the effective benefit of use of the article. In this case, the complainant was deprived of getting beneficial use of the article and deprived of using the TV set  for such  and the defecates were not removed by the O.ps who  know the defects from time to time from the complainant.

Hence, in our view the complainant has right to claim compensation to meet  his mental agony, financial loss. Hence,  it is ordered.

 

                                                ORDER

                        The  opposite parties  are directed to refund    the cost of the  TV set i.e. Rs.34,000/-  and pay cost of Rs.1500/-   within one month from the date of receipt of this order, failing which the O.Ps are liable to refund the cost of the mobile set  with interest  @  12%  p.a. . Accordingly the complaint is allowed.

                        Pronounced in open forum today on this                day  March,2017 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

 

                      Member                                                                                     Member

Documents relied upon:

By the complainant:

1. Xerox copy of Money Receipt.
2. Xerox copy of   Aadhar Card
3. Xerox copy of Warranty Card

By the Opp.Party:  Nil                                                                          

 

                                                                                                           Member