Haryana

Bhiwani

CC/159/2018

Pawan - Complainant(s)

Versus

Vikrant Ele. - Opp.Party(s)

Amit Beniwal

20 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                  Consumer Complaint No. : 159 of 2018

                   Date of Institution             : 29.11.2018

                                                            Date of Decision               : 20.05.2024

 

Pawan son of Sh. Ram Bilas R/o Noonsar Mohalla, Near Haluwas Gate, Bhiwani, Tehsil and District Bhiwani.

 

          ……Complainant.

 

Versus

 

1. M/s Vikrant Electronics Co., Opp. Nehru Park, Circular Road, Bhiwani, Tehsil and District Bhiwani through its Proprietor/Partner/Authorized signatory.

 

2.  Sansui Electronics Pvt. India Ltd., Sansui India, Now Consumer Complaints at M/s Takcare India Pvt. Ltd., 15^th KM Stone, Aurangabad-Paithan Road, Village Chitegaon Taluka Paithan, Aurangabad-431105, Maharashtra.

 

3.  S.K. Service Centre (Authorized Signatory Center) Repair and Spare, Radhika Complex, Hansi Road, Bhiwani Tehsil and District Bhiwani through its Proprietor-Sunil Jangra.

….. Opposite Parties

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Amit Kumar Buwaniwal, Advocate for complainant.

OP No.1 in person (letter dated 28.03.2024 filed in this behalf).  

                    OPs No.2 & 3 exparte.

 

ORDER

 

Shashi Kiran Panwar, Member.

 

1.                 Brief facts of the present complaint are that complainant purchased a Sansui LED Model SNP 40F-618-XAF from OP No.1 on 02.05.2017 in Rs.30,000/-. Complainant has submitted that the LED was having warranty for one year at home service and further two years  at customer care/service center in case of any defect in it. It is alleged that on 29.06.2018, the LED suffered fault due to internal defect in its manufacturing and some part of its burnt. So, the matter was reported to OP No.3 on 30.06.2018 and the LED was returned to complainant on 11.09.2018 after its repairs.   It is submitted that without his permission, new alleged HD board was installed outside the LED which is hanging with the LED. Thus now it is not a smart Led. Complainant approached many times to OP for making proper solution of the LED but of no avail despite issuance of legal noticed dated 19.09.2018. Hence, the present complaint has been preferred alleging deficiency in service on the part of OPs resulting into monetary loss as well as mental and physical harassment. In the end, prayer has been made to issue directions to OPs to replace the LED with new one, to pay Rs.1.00 lac as compensation for harassment and Rs.15,000/- for litigation expenses. Any other relief to which this Commission deems fit has also been sought.

2.                 Notices were sent to OPs. OPs No.2 & 3 did not bother to appear. As such, they were proceeded against as exparte vide order dated 20.09.2022.

3.                 OP No.1 appeared through counsel and filed written statement raising preliminary objections qua maintainability of complaint, locus standi, and concealment of true and material facts. On merits, it is submitted that the LED in question was purchased by complainant from it but it was not having any manufacturing defect and the alleged warranty, if any was of manufacturing company.  It is submitted that on receiving of complaint in the LED, it was sent to OP No.3 service center.   As such, there is no deficiency in service on the part of answering OP and prayed for dismissal of the complaint with costs.

4.                 In evidence of complainant, affidavit Ex. CW1/A alongwith documents Annexures C-2 to Annexure C-10 were tendered and then closed the evidence.

5.                 On the other side, OP No.1 made a statement that written statement filed on his behalf may be read into his evidence and then closed the evidence.

6.                 We have heard learned counsel for complainant and OP No.1 and perused record carefully.

7.                 From purchase bill (Annexure C-2), it is clear that complainant purchased the LED in question in a sum of Rs.30,000/- on 02.05.2017 and  as per reply to legal notice filed by OP No.1, the LED in question on the day of fault in it was within warranty period.  In reply, it is further stated that the OP company is ready to get repaired the LED in question from its service center. 8.                    After having heard and going through the record, it is observed that the mobile phone occurred some defect(s) within its warranty period but the OPs failed to rectify the defect in it. Thus the OPs are deficient and negligent in provided proper service to the complainant as well as has adopted unfair trade practice. Such act of OP amounts to deficiency in service resulting into monetary loss besides mental and physical harassment to the complainant. Since the warranty is provided by the manufacturer and during this period, responsibility of repair and replace lies on the manufacturer. Hence, the complaint is allowed and OP No.2 manufacturer is held liable to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To refund Rs.30,000/- (Rs. Thirty thousand) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till its realization subject to return of the LED TV in question by complainant.

(ii)      To pay a sum of Rs.5000/- (Five thousand) to the complainant as compensation for harassment including litigation expenses.

                    In case of default, the OPs No.2 shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.    

Announced.

Dated:20.05.2024.

 

                    (