Date of filing: 20.05.2015
Date of order: 26.08.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE AT VELLORE DISTRICT.
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A.B.L., PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc. B.L., MEMBER – I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER - II
FRIDAY THE DAY OF 26TH AUGUST 2022
CONSUMER COMPLAINT NO.24/2015
Vijay,
No. 1, Prem Street,
Sanrorkuppam Village,
Ambur Taluk,
Vellore District. …Complainant
-Vs-
The Proprietor,
Darling Digital World,
No. 18/1, Annasalai,
(New Officer’s Line)
Vellore – 1. …Opposite party
Counsel for complainant : Thiru. G. Ravi
Counsel for opposite party : Thiru. V.T. Venkatesan
ORDER
THIRU. R. ASGHAR KHAN, B.Sc. B.L., MEMBER – I
This complaint has been filed under Section 12 of Consumer Protection Act 1986, the complainant prays directing the opposite party to rectify the complainant’s canon camera 1XVS-255 HS BKO replace new camera and Rs.2,00,000/- as compensation for mental agony with costs of proceedings.
1. The case of the complaint briefly is as follows:
The complainant submits that he had purchased Canon Camera 1XVS-255 HS BKO along with memory card 4GB from the opposite party on 09.11.2013 for a sum of Rs.12,400/- vide invoice no.1301014363. The warranty period is 2 years. The complainant submits that from the date of purchase found fault in Canon Camera and he approached the opposite party within the warranty period, and the defects of Canon Camera was rectified on 10.02.2014. Once again complainant approached opposite party showroom customer service centre to rectify the defects on 11.09.2014 and the opposite party assured that they will make necessary arrangements to replace a new Canon Camera. The complainant made several attempts, repeated demands and requested to replace the new Camera, but one or other pretext the opposite party is evading to replace with new camera, so the above said act of the opposite party put to irreparable loss and mental agony. The complainant alleged that complainant act of opposite party amounts to deficiency in service. On 12.03.2015, the complainant issued a lawyer notice to opposite partycalling upon the opposite party to replace with new Canon Camera. Opposite party received the notice but did not give reply or to rectify the defects of Canon Camera. Hence this complaint.
2. The written version opposite party is as follows:
The opposite party admits that the Canon Camera purchased by complainant on 09.11.2013 for a sum of Rs.12,400/- vide Invoice No.1301014363 in their showroom. The warranty card is issued for 2 years. The opposite party is an authorized Re-seller (sales dealer) of Electronic Appliances and Goods. The opposite party is only to sell the product and any services repair, replacement of the same will have to be dealt by the consumer with the service centre of Canon. The opposite party service centre submits in case of the complainant service centre for Vellore area is at Chennai. The opposite party submits, the complainant has not disclosed the true facts. The warranty card issued at the time of the sale to the customers discloses everything about the product and services centres of the particular products. Further opposite party on the date of the sale, appraised the complainant with all the details of the service and repairs, opposite party states they can assist the customers and put them to the service centres of different products. Opposite party directed the complainant to Canon service centre, opposite party has nothing to do with the service or the replacement of the Canon new camera. Opposite party submits that the Canon Company is a necessary party in the above complaint not impleading them as the proper party the complaint to be dismissed. Opposite party is only a sales dealer, opposite party has not committed any deficiency of service, not putting the complainant to irreparable loss and mental agony. Opposite party is not a sole proprietor, so opposite party prays pleased to dismiss the complaint with costs.
3. Proof affidavit of complainant filed.Ex.A1 to Ex.A5 were marked. Proof affidavit of opposite party filed. Ex.B1 and Ex.B2 were marked. Written argument of complainant not filed. Written argument of opposite party filed.
4. The Points that arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite
party?
2. Whether the complainant is entitled for relief as claimed in the
complaint?
3. To what other relief, the complainant is entitled to?
5. POINT NOS. 1&2: The complainant purchased Canon Camera 1XVS-255 HS BKO along with memory card 4GB from the opposite party on 09.11.2013 for Rs.12,400/- vide Invoice No.1301014363 [Ex. A1]. The warranty for the Canon Camera is for two years [Ex.A4]. The main grievance of the complainant is that opposite party not done after sales service and did not replace with new camera. Complainant gave legal notice on 12.03.2015 [Ex.A2] to opposite party. The opposite party received the notice and gave reply [Ex.B2] to refute allegations of complainant no contra evidence. The reply legal notice Ex.B2 opposite party admitted that Canon Camera handed over to the Canon representative was in our showroom and hence he took the camera in question to Chennai service centre for rectified the defect and the same was returned to complainant on 10.02.2014. It is the sole responsibility of dealer, manufacture to replace new Camera. In this consumer dispute prima facie, we find that the camera became defective during warranty period. The warranty period 2 years, the warranty card Ex. A4 2 years warranty ends on 09.11.2015. For this complainant redressed his grievance before opposite party even receiving legal notice Ex. A2. The reply given by opposite party Ex. B2 says, he is only authorised Re-seller, dealer of Electronic Appliances and Goods. The opposite parties job is only to sell the product and any service/ repair / replacement of the same will have to be dealt by the Consumer with the service centre. The complainant has purchased Canon camera on payment of consideration. Hence he is a consumer there is no dispute, but when a consumer product found defective and such after several approaches opposite party are not taking any steps to rectify the same is amounts to deficiency in service, already defective camera given to Canon service executive defects rectified on 10.02.2014 by the opposite party in their showroom which admitted in written version, reply legal notice Ex.B2. More over in this case the opposite party even not controverted the version of the complainant. we are constraint to hold that the alleged Canon camera was defective during the warranty period. The case laws citied, submitted by opposite party not applicable to the case. On this point we rely on the decision of decided 14th March 1996, laws (NCD) 1996-3-23,
The Hon’ble National Commission, New Delhi,
Amtrex Ambience Ltd.,
(Vs)
Alpha Radios and Another
held that,
“manufacture / authorised dealer fail to rectify the defects, during warranty period the same amounts to deficiency in service.”
It is well understood that a purchase occurred with some hope aspiration which are not fulfilled in this case and the transaction to considerable high amount frustration of the whole transaction. It is bounded duty of the seller / manufacturer to attend the said defects whenever a new Canon camera is sold to a consumer there is an implied contract that the Canon camera sold does not suffer from any kind of fault or imperfection or short comings in standard which is required to be maintained. We filed that complainant has established his case that on unfair trade practice has been committed by opposite party. the complainant was also claimed compensation for inconvenience and hardship he has suffered because the complainant was deprived of the case of the Canon camera for his personal works. We decided that there is deficiency in service by opposite party so that Point Nos.1 and 2 are answered accordingly.
6. Point No.3: As we decided in Point Nos.1 and 2, that there is adeficiency in on the part of the opposite party. The opposite party is hereby directed to pay Rs.12,400/- (Rupees Twelve Thousand and Four Hundred only) the cost of the camera with interest @ 9% p.a. from the date of complaint to till the date of this order and to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant. This Point No.3 is also answered accordingly.
7. In the result this complaint is partly allowed. The opposite party is hereby directed to pay Rs.12,400/- (Rupees Twelve Thousand and Four Hundred only) the cost of the camera with interest @ 9% p.a. from the date of complaint to till the date of this order and to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the, 26th AUGUST 2022.
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MEMBER – I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex. A1 - Copy of Invoice No.1301014363.
Ex. A2 – 12.03.2015- Copy of the lawyers notice.
Ex. A3 - - Postal acknowledgement signed by the opposite party.
Ex. A4 - - Copy of the warranty card.
Ex. A5 - - Original Invoice.
LIST OF OPPOSITE PARTY SIDE DOCUMENTS:
Ex. B1 - Authorisation letter filed on behalf of the opposite party.
Ex. B2 - Office Copy of the reply notice to complainant.
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MEMBER – I MEMBER – II PRESIDENT
