BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JIND.
Complaint No. 75 of 2015
Date of Institution: 5.6.2015
Date of final order: 30.3.2016
Sahil s/o Sh. Surender Singh Malik r/o village Nidana, District Jind minor through his father/natural guardian.
….Complainant.
Versus
- Vishal Electronics Ghanta Ghar, District Jind through its Proprietor.
- Videocon Industries Ltd. registered office 14 KMs stone Aurangabad Paithan road, Chitegaon, Tq. Paithan, District Aurangabad-431105 through his Md/authorized person.
- Videocon Industries Ltd. corporate office, plot No.296 Udhyog Vihar Phase-2, Gurgaon-122015.
…..Opposite parties.
Complaint under section 12 of
Consumer Protection Act, 1986.
Before: Smt. Bimla Sheokand, Presiding Member.
Sh. Mahinder Kumar Khurana, Member.
Present: Sh. Vinod Bansal Adv. for complainant.
Sh. Mohit Sachdeva Adv. for opposite party No.2&3.
Opposite party No.1 already ex-parte.
ORDER:
The brief facts in the complaint are that the complainant alongwith his father had purchased L.E.D. T.V. for a sum of
Sahil Vs. Vishal Electronics etc.
…2…
Rs.32,000/- vide bill No.13063 dated 23.10.2014 from opposite party No.1, which is manufactured by opposite party No.2 and 3. The L.E.D. (T.V) was purchased during Diwali Festival scheme of Videocon Company and as per special scheme extended warranty of 5 years of all kinds was given by opposite party No.1 beside service free for one year. At the time of purchasing the above said L.E.D. (T.V), the opposite party No.1 assured that the Videocon company is very good company of world class products and there is no any kind of complaint in any product. After purchasing a short period of about one month there was found some defect and T.V. was not working. The complainant visited the shop of opposite party No.1 several times and requested to remove the defect of the above said L.E.D (T.V). The mechanic of opposite parties visited the house of the complainant and checked the L.E.D (T.V) and told the complainant that the L.E.D. (T.V) is having manufacturing defect and need to be replaced because the same is not repairable. Deficiency in service on the part of the opposite parties is alleged. It is prayed that the complaint be accepted and opposite parties be directed to replace the L.E.D.(T.V) with new one or to pay the cost of L.E.d.(T.V) i.e. Rs.32,000/-, a sum of Rs.50,000/- as compensation on account of mental pain and agony as well as to pay a sum of Rs.11,000/- as litigation expenses to the complainant.
2. Opposite party No.1 was proceeded against ex-parte vide order of this Forum dated 7.8.2015.
Sahil Vs. Vishal Electronics etc.
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3. The opposite parties No.2 and 3 have appeared and filed the written statement stating in the preliminary objections i.e. the complaint is not maintainable in the present forum; the complainant has not come to this Forum with clean hands and the complainant has no cause of action to file the present complaint. On merits, it is contended that the service engineer visited the premises of the complainant and found the panel of the said L.E.D. broken and the engineer told the complainant that the said L.E.D. has become out of warranty due to the breakage of the panel and L.E.D.can be repaired only. The complainant has put forward a false story only to grab the money from the answering opposite parties. All the other allegations have been denied by the answering opposite parties. Therefore, there is no deficiency in service on the part of the answering opposite parties. Dismissal of complaint with heavy costs is prayed for.
4. In evidence, the complainant has produced the affidavit of Surender Singh Malik Ex. C-1, authority letter Ex. C-2 and copy of cash memo Ex. C-3 and closed the evidence. On the other hand, the opposite party No.2 and 3 has produced the affidavit of Sanjeev Kumar Rawat Ex. OP-1 and closed the evidence.
5. We have heard the Ld. Counsel of both the parties and perused the record placed on file. The complainant has purchased a L.E.D. (T.V) from the shop of opposite party No.1 and manufactured by opposite party No.2 and 3. The opposite party No.1 is already ex-parte. The Videocon Company have given five years warranty on the L.E.D. beside free service for one year. Just after the purchase the said
Sahil Vs. Vishal Electronics etc.
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L.E.D. started giving trouble. On the request of the complainant, a mechanic of the Company inspected the L.E.D. and told to the complainant that there is manufacturing defect in the L.E.D. The Ld. Counsel of the complainant averred that the defect still exists in the L.E.D. and the same is not working properly.
6. Ld. Counsel of the opposite parties No.2 and 3 argued that the panel of the L.E.D. (T.V) is broken which may be due to mishandling on the part of the complainant.
7. The above said L.E.D. (T.V) was purchased by the complainant during the Diwali Festival Scheme of Videocon Company, thereby to sale the surplus stock of the Company. The opposite parties have not been able to satisfy the need of the complainant. We are of the view that there is deficiency in service on the part of the opposite parties and accordingly the complaint is allowed. The opposite parties are directed to replace the L.E.D. (T.V) of the complainant with the same model. The order be complianced within one month from the date of order. Copies of order be supplied to the parties under the rule. File be consigned to the record-room after due compliance.
Announced on: 30.3.2016
Presiding Member,
Member District Consumer Disputes Redressal Forum, Jind
Sahil Vs. Vishal Electronics etc.
Present: Sh. Vinod Bansal Adv. for complainant.
Sh. Mohit Sachdeva Adv. for opposite party No.2&3.
Opposite party No.1 already ex-parte.
Arguments heard. To come up on 30.3.2016 for orders.
Presiding Member,
Member DCDRF, Jind
28.3.2016
Present: Sh. Vinod Bansal Adv. for complainant.
Sh. Mohit Sachdeva Adv. for opposite party No.2&3.
Opposite party No.1 already ex-parte.
Order announced, vide our separate order of even date, the complaint is allowed. File be consigned to record room after due compliance.
Presiding Member,
Member DCDRF, Jind
30.3.2016
