Haryana

Karnal

CC/270/2017

Ravi Garg - Complainant(s)

Versus

Toshiba India Private Ltd - Opp.Party(s)

Deepak Sharma

15 Nov 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                             Complaint No.270 of 2017

                                                         Date of instt. 18.08.2017

                                                         Date of decision:15.11.2018

 

Ravi Garg son of Late Shri Sumer Chand, resident of Mohalla Mill Road, Shamli near District Cooperative Bank Branch Mills Road, District Shamli, Uttar Pradesh.                                                                                                                   …….Complainant

                                        Versus

 

1. Toshiba India Private Ltd. (Corporate Office) 3^rd floor, Building no.10B, DLF Cyber City, Gurgaon, (Gurugram) 122002 (Haryana) through its Authorized persons/Manager/Managing Director.

2. M/s Paras Traders shop no.12, Model Town Market, Karnal through its Authorized Person.

…..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act.            

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

              Dr. Rekha Chaudhary……Member

 

 Present   Shri Mohit Sharma Advocate for complainant.

                OPs exparte.

               

                (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant purchased a one LED TV Toshiba 32P2305, vide invoice no.179 dated 23.08.2014 for a sum of Rs.23,000/- from OP no.2 with the warranty of three years. OP no.1 is the manufacturer of the said LED. After few days the said LED created various type of problem. Complainant approached the OP no.1 and asked the same but instead of doing anything, OP no.2 advised the complainant to approach to OP no.1 on customer care no.1203870700 and registered the complaint. Thereafter, complainant made several complaints on customer care number of OP no.1 but no result. The said LED TV closed and due to which complainant and his family members are unable to watch TV, new, entertainment programs etc. No one come from the company to repair the said LED TV despite of repeated requests and mails. In the mean time the email to OP no.1 alongwith bill, warranty card etc. and in respond of the said email, a complaint no.TIPL/HA/2017/01/18/8976 dated 3.1.2017 was got registered wherein an assurance was given to the complainant that as soon the part of said LED will arrange and concerned service engineer will visit at your place alongwith the part to rectify the LED. In the month of April, 2017 engineer of OP no.1 namely Ashok Kumar visited the house of complainant and checked the LED, after checking the LED he stated that there is a big fault in the said LED and some parts of the LED TV are required to be changed and assured to come back with the parts and repaired the LED with 15 days but till date no one came from the OP no.1 to repair the LED. Then complainant sent a legal notice dated 10.07.2017 to the OPs in this regard but it also did not yield any result. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to OPs but none put into appearance on behalf of OPs despite service, therefore, exparte proceedings were initiated against them vide order dated 20.03.2018 and 9.10.2017 respectively.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C6 and closed the evidence on 31.10.2018.

4              We have heard the learned counsel of complainant and have also gone through the documents placed on file carefully.

5.             The complainant purchased  a LED TV Toshiba 32P2305 on 23.08.2014 for a sum of Rs.23,000/- from the OP no.2, vide bill dated 23.08.2014 Ex.C1, with a warranty of three year.  As per allegations of the complainant, after few days of purchase of LED it created problems so he reported the matter to OP no.2 and thereafter to OP no.1 being dealer of OP no.1 but the OP no.2 failed to rectify the defect after repeated complaints. The complainant has filed his affidavit in support of his allegations. The copies of the emails Ex.C3 to Ex.C6 clearly show that the LED was having problems during warranty period. To rebut the evidence produce by the complainant, OPs did not appear and opted to be proceeded against exparte. Thus, evidence of the complainant has gone unrebutted and unchallenged, therefore, there is no reason to disbelieve the same. It was the duty of the OPs either to rectify the defects or in case the defects were not repairable then replace the LED of the complainant. Hence, it is well proved that the service of the OPs was deficient.

6.             As a sequel to the foregoing reasons, we accept the present complaint and direct the OPs to replace the LED in question of the complainant with new one of the same value, same make and model which was purchased by the complainant. However, it is hereby made clear that if the LED of the same make and model is not available with the OPs, then the OPs will return the cost of LED in question i.e. Rs.23,000/- to the complainant. We further direct the OPs to pay Rs.2500/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:15.11.2018

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)                (Dr. Rekha Chaudhary)

            Member                               Member