Orissa

Cuttak

CC/22/2018

Smt Rexona Jena - Complainant(s)

Versus

The Manager,Shreejal Service - Opp.Party(s)

S Satapathy

09 Nov 2020

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK

  C.C No.22/2018

Smt. Rexona Jena,

Late Pramod Kumar Jena,

At:Rasavilla,Gosalpada,

PO/PS:Sahadebkhunta,Dist:Balasore.

At present:1^st Floor,1^st Building,

Lalitesar Nagar,

N.C.College Road,PO:Ankula,Jajpur Town,

Dist: Jajpur                                                                                         ...Complainant.

 

Vrs.

1.         Manager,Shreejal Service,

A Sony authorized Service Center,

Plot No.203/2901,196-2977,Unit-34,

Sriram Nagar,Badambadi,Cuttack-12.

 

2.        The Regional Manager,Sony India Pvt. Ltd.,

A/51,Bhoi Nagar,Unit No.9,Sachivalaya Marg,

Bhubaneswar,Dist:Khruda.

 

3.        The Managing Director, Sony India Pvt. Ltd.,

A-18,Mohan Co-Operative Industrial Estate,

Mathura Road,New Delhi-11044.

 

4.        Regional Customer relations-East,

Sony India Pvt. Ltd., PS Arcadia Central,5^th floor,

Plot No.4A,Abanindra Nath,Thakur Sarani(Camac Streete),

Kolkata-700017,West Bengal.                                                                         … Opp. Parties.

                

Present:               Sri Dhruba Charan Barik,LL.B. President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    13.02.2018

Date of Order:  09.11.2020

 

For the complainant.  :    Mr. Srinibasa Satpathy,Adv. & Associates.

For the O.Ps.                 :    Mr. P.K.Acharya,A/R.

Sri Dhruba Chran Barik,President.

                The complainant has filed this case alleging therein deficiency in service and unfair trade practice against the O.Ps and seeking appropriate relief against them in terms of his prayer in the consumer complaint.

1.Facts of the complainant’s case stated in brief are that Late Pramod Kumar Jena, husband of the complainant had purchased a Sony T.V.(32 inches) of model KLV-32V40 A from Chennai in the year 2009.  It was running perfectly without any disturbance but suddenly on 12.12.2015 it went out of order and the pictures were not visible on the T.V. screen.  Then the complainant met the authorized service centre of O.P.1 for necessary repair.  On 14.12.15 O.P.1 sent his service engineer R.S.Patra to the residence of the complainant for repair of the defective T.V. set and after verification, the said engineer opined that the T.V. set needs to be taken to the service centre of O.P.1 for check and repair and accordingly it was brought to the office of the O.P.1.  The defective T.V set was neither repaired nor returned to the complainant for a long time despite several telephone calls and personal visit of the complainant.  After about a year on 8.11.2016 O.P.1 returned the T.V set to the complainant and demanded a sum of Rs.2200/- which was accordingly complied with vide receipt No.3456 dt.8.11.2016.  It was subsequently found that after some hours of installation of the T.V. set the said defect was repeated on the T.V screen.  Then intimation was given to O.P.1 and the T.V. was again taken back to the service centre for repair.  Annexure-1 is the copy of the receipt no.3456 dt.8.11.2016 issued by O.P.1.  It is further revealed that during that period, the employees of O.P.1 demanded Rs.24,000/- from the complainant to return the T.V. after due repair.  It was also brought to the notice of O.P.1 but of no avail.  Subsequently on 5.7.11 complainant sent a legal notice to O.P. No.1 & 4 and demanded immediate return of the T.V set within a period of two weeks hence along with a sum of Rs.50,000/- towards mental agony and harassment caused to him.  Annexure-2 is the photo copy of the said legal notice.  In response to the said legal notice O.P.4 responded to the complainant stating that “the product has lived its life and now it is very difficult to get parts even if we get, the service may not be reliable.  We would advice to evaluate the opinion to upgrade the products with latest technology.  Should you need to locate any nearest Sony sale outlet near to your location, you may log on to our website www.sony.co.in or call our contact centre at 1800-103-7799”. Copy of such reply is herewith annexed as Annexure-3. Subsequently the complainant contacted office of Sony India Pvt. Ltd. Over phone and the latter suggested for purchase of a new T.V set as the spare parts were not available.  Such act of omission on the part of the O.Ps is tantamount to deficiency in service and unfair trade practice.  It has caused serious mental agony and harassment to the complainant by the O.Ps. The complainant has therefore prayed to direct the O.Ps to return the defective T.V. set after repair within a period of 15 days or in the event if repair was not possible, to supply a new T.V set to him and direct him to pay compensation of Rs.50,000/- towards loss of work and Rs.30,000/- towards  injury caused to him and Rs.20,000/- towards cost of litigation.

2.The O.Ps are set exparte.

3.We have gone through the averments in the complaint and the annexures filed with it.  We have also heard the learned counsel for the complainant.  In absence of anything to the contrary, the averments made in the complainant supported by annexures on material points remains unassailed.  It is therefore held that there was deficiency of service and unfair trade practice on the part of the O.Ps. Hence ordered;

ORDER

The case be and the same is allowed exparte against the O.Ps.  They are directed to return the defective T.V. set after due repair to the complainant or in the event if repair is not possible, to give a new T.V. set to him. They are also directed to pay compensation of Rs.30,000/- towards mental agony and harassment caused to the complainant together with litigation cost of Rs.10,000/- to him.

This order shall take effect within a period of 45 days of receipt of the copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 9^th day of November,2020 under the seal and signature of this Commission.

                                                    

Sri D.C.Barik.

President.

 

 

Smt. Sarmistha Nath

Member(W).