Orissa

Cuttak

CC/31/2016

Prabira kumar Mohanty - Complainant(s)

Versus

The Managing Director,Sony India Pvt Ltd - Opp.Party(s)

Self

29 Mar 2017

ORDER

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

C.C No.31/2016

 

Prabira Kumar Mohanty,

H/O: Dibyajyoti Panda,

Jobra Majhi Sahi(Biraja Ray Colony),

PO:College Square,Cuttack-3.                                             … Complainant.

 

                Vrs.

 

1.        The Managing Director,

Sony India Pvt. Ltd.,A-31,

Mohan Co-operative Industrial Estate,

Mathura Road,New Delhi-110044.

 

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

Branch Office, A/5/1, Bhoi Nagar,

Unit-9,3^rd Floor,Sachibalayua Marg,

Bhubaneswar-22.

 

3.         L.P.Electronics Pvt. Ltd,

At/PO:College Square, Dist:Cuttack.

 

4.        Bajaj Allianz General Insurance Company,

At:Link Road,PO:Madhupatna,Cuttack-10.                            … Opp. Parties.

 

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

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   17.03.2016

Date of Order: 29.03.2017.

 

For the complainant:            Complainant himself.

For O.P.1 & 2 :                       Ms. Shweta Bharati,Advocate & Associates.

For O.P No.3:                           Mr. B.P.Bal,Adv. & Associates.   

For O.P No.4:                                        None.   

 

Sri Bichitra Nanda Tripathy,Member.

                The case is against the O.Ps. for deficiency in service.

1. The case in nutshell is that the complainant purchased a Sony LED TV-28” from L.P. Electronics (O.P No.4) on 19.10.2015.  That the cost of the said T.V was Rs.24,900/-(Annex-1).  The warranty on the said T.V was for one year from the date of purchase.(Annexure-2) The said T.V was insured with Bajaj Allianz  General Insurance Co. Ltd. from 19.10.2016 to 18.10.2017(Annexure-3) and the entire amount was financed by Bajaj Finance to be repaid in 10 E.M.Is @ Rs.2681.00 with effect from October,2015. The complainant closed the said loan account with Bajaj Finance on 20.2.2016 and obtained clearance certificate (Annex-4).  The said T.V developed some problem and picture was not visible for which the complainant lodged complaint with O.P.1 and 2 through speed post as well as through E.Complaint (Annexture-5 & 6).  The service centre of O.P1 & 2 demanded a sum of Rs.9000/- for repair of the said T.V.  Finding no other alternative the complainant took shelter of this Hon’ble Forum.  He has prayed to direct the O.Ps for refund of the cost of T.V or replace of the said T.V and also to pay a sum of Rs.15,000/- towards mental agony and litigation expenses.
2. O.Ps 1 & 2 vide their written version dt.1.8.2016 have intimated that the complainant had purchased a LED TV (Sony Model No.KLV-28R412B sl. No.3400477) on 19.10.2015 from O.P No.3.  The complainant approached the service centre (Shreejan Services,Cuttack) of the Company on 02.01.2016 with Broken panels of T.V set.  The Engineers at the service centre examined the T.V and found that the panel of the said TV was broken due to external cause/mishandling.  The warranty was not applicable in the present case due to physical damage for which an estimate of Rs.9000/- was given for repair of the said TV.  The complainant again approached the service centre i.e. Happy Care at Bhubaneswar on 12.02.2016 and the concerned engineers also found that the panel of the TV set was broken/damaged due to external factor and therefore the warranty in the product has been rendered void.  An estimate to repair the TV set was also given for Rs.8842/-.  The complainant did not approve the same.  It is pertinent to record it here that the O.Ps(1 & 2) has not provided any records relating to the findings of the service engineers at Cuttack and also at Bhubaneswar.
3. O.P.3 vide their written version dt.14.09.2016 intimated that the complainant had purchased the T.V set after being fully satisfied with the product.  Since the product was with one year warranty from Sony TV and also from Bajaj Finance, there is no deficiency in service on the part of O.P.3.
4. O.P No.4 neither attend the hearings not submitted any written version for which O.P.4 was set exparte on 15.3.2017.
5. We have gone through the case in details and perused the documents as filed by the complainant and as well as by the O.Ps.  We have also heard the complainants and advocates of the O.Ps at length and we have observed that the complainant had purchased a T.V from O.P No.3 on 19.10.2015.  The said T.V did not perform well within the guarantee period for which it was shown at service centers of the company at Cuttack and also at Bhubaneswar where the service engineers found that the panel of the T.V set was damaged due to external cause for which it was not covered  under warranty.  Since the O.Ps. 1 & 2  have not enclosed copies of such findings of the service engineers/copy of job sheet as observed at Cuttack on 02.01.2016 and at Bhubaneswar on 12.02.2016 such version of O.P.1 & 2  is not acceptable.  The said TV was found defective within the warranty period. The said TV was also insured with Bajaj Allianz Company(O.P. No.4)  for Rs.24,900/- for the period from 19.10.2016 to 18.10.2017, whereas the said T.V set was found defective during the period January/February,2016(the complainant has lodged the written complaint on 21.1.2016) which is much before the commencement of the insurance period made with O.P No.4.  Hence O.P No.4 is not found guilty.  Basing on the facts and circumstances as stated above and to meet the ends of justice, we allow the case against O.P No.1&2 on contest.

                                                                                ORDER

 O.P No.1 & 2 will ensure that the said TV set is repaired properly free of cost to the full satisfaction of the complainant for a further period of minimum one year from the date of such repair.  O.Ps 1 & 2 will also pay a sum of Rs.10000/- to the complainant for mental agony and cost of litigation.  The above order of this Hon’ble Forum shall be carried out in a period of 45 days, failing which the complainant is at liberty to take shelter of this Forum as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 29^th   day of March,2017 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

        Member.

                                                                                                                                        

   (  Sri D.C.Barik )

                                                                                                      President.

 

                                                                                              (Smt. Sarmistha  Nath)

       Member(W).