DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
PATIALA.
Consumer Complaint No.167 Dt.10/05/2017 Decided on: 01/09/2020
Naresh Pal aged about 37 years son of late Sh. Rajinder Kumar resident of House No.B-1/4559, Sham Nagar, Rajpura, Tehsil Rajpura, District Patiala.
…...Complainant
Versus
1. The Best Enterprises (BSC corporation), Address:- Kalka Road, Rajpura, through its Partners/ Authorized Signatory.
2. ALFA (INDIA) CORPORATION,
Address:- B.O. SCO No.3, Abhi Enclave, Guru Gobind Singh Nagar, Opposite Indian Petrol Pump, South Bye Pass Road, Ludhiana (Punjab) through its MD/ Director/ Head/ Authorized Representative.
Head Office At 15, New Sagar Estate, Sagar Sarkand Road, Sarkhej Ahemadabad.
Factory Office at: 122, Mehatpur Industrial Area, Himachal Pradesh (India).
….Opposite Parties
Complaint under Section 11 to 14 of the Consumer Protection Act, 1986.
QUORUM
Sh. Jasjit Singh Bhinder, President Sh. Vinod Kumar Gulati, Member
ARGUED BY:
Sh. Rajinder Singh Adv. counsel for complainant. OPs ex-parte.
ORDER
JASJIT SINGH BHINDER, PRESIDENT
1. Naresh Pal complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act) against the Opposite Parties namely The Best Enterprises and Ors. (hereinafter referred to as the OPs).
2. Brief facts of the case is that on 14/05/2016 complainant purchased one Alfa LED 3220160331829 TV 32” from OP No.1 vide bill bearing Invoice No.135 dt.14/05/2016. After few days of the purchase of the said LED, complainant came to know that the said LED was having manufacturing defects and also having language system problem for the selection of Hindi Language. As OP No.1 at the time of purchase of the LED had disclosed that Hindi Language instructions support system is also available and the same is free from any kind of defects and one year warranty service is also available with this product. So complainant approached the OP No.1 being the authorized dealer cum service centre of OP No.2 and narrated the defect in the LED on which OP No.1assured the complainant that the said problem will be solved within few days but to no effect. Complainant also served a legal notice through his counsel but no reply of the same has been given by both the OPs.
In the month of August 2016 a new problem i.e. one line in the center of the screen was shown in the LED and again complainant approached OP No.1 but despite assurance OPs gave no heed to the genuine request of the complainant.
It is alleged that on 07/01/2017 at about 6.00am when the complainant was busy in his routine work in his house then all of a sudden the above said LED burnt/ blast without any electric shock. The electricity switch of the LED was off. The cable of the LED and main socket (which was supplying electricity to the LED) were still in intact position. Due to the burnt/ blast of the said LED, white wash/ plastic paint was also damaged, POP of the room also fallen down from some of the places and set top box of Tata Sky company was also damaged. In this way the complainant has suffered a total loss to the tune of Rs.1, 50,000/-. Complainant again approached the Ops on telephone and as per the asking and directions of OPs, complainant clicked photographs showing the actual and physical position of the room as well as the burnt LED and complainant also sent a written representation dt.8/1/2017 but after receiving photographs and copy of written representation through whatsapp, Ops never pick up the call of the complainant and every time disconnected the same. It is alleged that complainant served a legal notice dt.19/01/2017 but no reply has been given by the OPs.
With this background of facts, the complainant has filed the present complaint with the prayer for direction to the OPs to refund the amount of Rs.19,500/- of LED, Rs.55,000/- Room maintenance to the complainant. To pay Rs.75,000/- to the complainant for causing a huge mental agony, tension and harassment along with an interest @ 12% p.a. and Rs.15,000/- as litigation expenses to the complainant.
3. Upon notice, none has appeared on behalf of OPs No.1 & 2. Notice was again issued by way of publication through Daily Aashiana Patiala newspaper dt.23/03/2018 for 28/03/2018, but none has appeared on behalf of the OPs. Consequently OPs were proceeded against ex-parte.
4. In support of the complaint, Ld. Counsel for the complainant tendered in evidence Ex.CA affidavit of the complainant and Ex.CB affidavit of Sudhir Kumar alongwith documents Ex.C-1 copy of bill dt.14/05/2016, Ex.C-2 copy of legal notice, Ex.C-3 to Ex.C-6 original Postal Receipts, Ex.C-7 to Ex.C-20 original photographs, Ex.C-21 copy of application for claim, Ex.C-22 copy of legal notice, Ex.C-23 & Ex.C-24 postal receipts, Ex.C-25 copy of warranty card and ld. counsel closed the evidence.
5. We have heard the ld. Counsel for the complainant and have also gone through the record of the case, carefully.
6. Ex.CA is the affidavit of the complainant, who has deposed as per his complaint. Ex.CB is the affidavit of Sudhir Kumar who deposed the same line of the complaint. Whereby it is confirmed that LED was purchased from OP No.1 vide bill bearing Invoice No.135 dt.14/05/2016 and copy of the bill is Ex.C-1. But the LED was burnt/ blast within the warranty period.
7. In view of the above it is clear that the complainant purchased LED for a sum of Rs.19,500/- on 14/05/2016 from OP No.1 which was burnt/ blast on 07/01/2017 which is within the warranty period. Hence we allow the complaint of the complainant with a direction to the OPs to refund Rs.19,500/- the price of the LED TV set of the complainant with interest @ 6 % from the date of filing of the complaint till realization and also to pay Rs.2000/- as costs of the complaint to the complainant. Compliance of the order be made by the OPs within a period of 45 days from the date of receipt of the certified copy of this order.
ANNOUNCED*
Dated: 01/09/2020
Vinod Kumar Gulati Jasjit Singh Bhinder Member President
