Punjab

Ludhiana

CC/23/483

JASPAL SINGH SIDHU - Complainant(s)

Versus

TCL - Opp.Party(s)

10 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                             Consumer Complaint No:  483 dated 23.10.2023.                                       Date of decision: 10.09.2024. 

Jaspal Singh Sidhu, V.P.O. Sidhwan Kalan, Teh Jagraon, Distt. Lludhiana, Punjab-142024. Mobile:9815451817.

                                                                                      ..…Complainant

                                                Versus

1. Consumer Care: Infinity e Service Private Limited, 2^nd Floor, Spaze Boulevard Sohna Road, Sector 47, Gugaon, Haryana-122101. Phone- (0124)4252484, email:

Seeking Redressal Against TCL TV Company.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Jaspal Singh Sidhu in person.

For OPs                          :         Exparte.

ORDER

PER MONIKA BHAGAT, MEMBER

1.                Briefly stated, on 22.10.2022, the complainant purchased 65” TCL LED TV having model 65P615 for Rs.58,000/- which was having three year warranty. The complainant stated that he encountered a problem with the TV screen for which he contract TCL’s customer service with request to inspect the TV. On 15.08.2023, the complainant filed a claim with OP and thereafter, on 17.08.2023, the OP dispatched a service engineer who tried to rectify the defect in the product and pronounced that the screen is broken. According to the complainant this is a manufacturing defect. He reached out to TCL multiple times with request to replace the TV being in warranty period but no action was taken by the OP. In the end, the complainant had prayed for issuing direction for replacement of defective TV.

2.                Upon notice, none appeared on behalf of the OPs despite service and as such, OP2 were proceeded against exparte vide order dated 25.01.2024.

3.                In exparte evidence, the complainant tendered his affidavit as Ex. CA and reiterated the averments of the complaint. The complainant also placed on record documents Ex. C1 is the copy of invoice dated 22.10.2022 and closed the evidence.                

4.                We have heard the exparte arguments of the counsel for the complainant and also gone through the complaint, affidavit and annexed produced on record by the complainant.

5.                Indisputably, the complainant purchased LED TCL S. No.2204AJ8177524A00434 vide invoice dated 22.10.2022 Ex. C1. A service warranty of one year was also given at the time of purchase. The case of the complainant is that the said LED developed problem in its screen for which he lodged complaint with the OPs. The Technician of the OPs inspected the product and declared that the screen of the TV is broken. According to the complainant, it is a manufacturing defect as he used the product with utmost care. He many times approached the OPs to rectify the problem or to replace the defective product as the product was within warranty period but the OPs failed to resolve the issue. It appears from the act and conduct of the OPs that they have never intended to make the product functional or tried to remove the defect. Since the considerable time has been elapsed and availability of same model product seems improbable. So in the given set of circumstances, it would be just and appropriate if the OPs are directed to the refund 75% of the invoice value of the product as per invoice Ex. C1 subject to handing over of LED by the complainant to the OPs within 15 days from the date of receipt of copy of order and a composite costs of Rs.5,000/-  is ordered.

6.                As a result of above discussion, the complaint is exparte partly allowed with an order that the complainant will hand over the LED in question to the OPs office at Ludhiana within 15 days from the date of receipt of copy of order and thereafter, the OPs shall refund 75% of the invoice value of the product as per invoice Ex. C1  within 30 days from the date of receipt of LED from the complainant. The OPs shall further pay composite cost of Rs.5,000/- (Rupees Five Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

7.                Due to huge pendency of cases, the complaint could not be decided within statutory period.

(Monika Bhagat)                              (Sanjeev Batra)               Member                                         President  

Announced in Open Commission.

Dated:10.09.2024.

Gobind Ram.