Jagroop Singh resident of village Nirmand ,District Kullu, H.P.



…Complainant





V/S



M/S Gurche Radio and TV corporation SCO. 93/2 ,Sector 17-D Opposite Neelam Cinema Chandigarh.

…..Opposite party



For the complainant Sh.Gaurav Sood ,Advocate

Opposite party Exparte



Complaint under Section 12 of the

Consumer Protection Act, 1986.



ORDER.

This order shall dispose of a complaint under Section 12 of the Consumer Protection Act, 1986( hereinafter referred to as the “Act”) instituted by the complainant against the opposite party. The case of the complainant is that he purchased Sony DVD player Model DVP-NS57P on 31-12-2007 from the opposite party. The opposite party packed the product in the absence of the complainant and handed over the same to him. The complainant was told that necessary documents viz retail invoice and warranty card were inside the case. The complainant had alleged that he found the product in a broken condition and out of order on 6-1-2008 at Nirmand . The complainant complained on that very day to the opposite party on telephone and it had agreed to replace it .The complainant visited the opposite party at Chandigarh but refused to honour his verdict . The complainant served the opposite party with legal notice but of no avail .The complainant had alleged that he had been deceived by the opposite party .With these allegations the complainant had sought replacement of the product or in the alternative refund of sale money alongwith damages of Rs.2000/-.



2 The opposite party has failed to contest the complainant and was proceeded agaisnt exparte.



3 We have heard the ld. counsel for the complainant and have also gone through the entire record. In support of his case, the complainant has adduced in evidence original retail invoice dated 31-12-2007 issued by the opposite party which shows that one Sony DVD player worth Rs.2990/- was sold to the complainant . Apart from this copies of legal notice and UPC receipt have also been adduced in evidence and retail invoice/ invoice / cash memo/ bill issued by the opposite party. The perusal of the retail invoice adduced in evidence by the complainant shows that the complainant had purchased DVD player of Sony make from the opposite party on 31-12-2007 in the sum of Rs.2990/-. The grievance of the complainant is that the DVD player sold to him was packed by the opposite party behind his back and when he opened it in his house the same was found broken. In support of his averments, the complainant had adduced in evidence Retail invoice which reflect that the complainant had showed DVD player to Modern Electronics Chandigarh on 3-3-2008 and as per the said invoice the DVD was under warranty and defect in the DVD has been mentioned as not working and against column condition of set it has been written that “Scratchy and Dusty set, accidental set, front mask broken CDM”. Apart from this legal notice served upon the opposite party also shows that the complainant was not attended to by the opposite party and he was directed to produce the DVD set before authorized service centre at 34 Sector Chandigar. Not only this copy of Service Job card issued by Modern Electronics Chandigarh had also been adduced in evidence which further corroborates the versions of the complainant. On the other hand the opposite party had failed to contest the complaint and was proceeded against exparte which shows that he has nothing to say in the matter except to admit the claim of the complainant. In view of above discussion , we have no hesitation to conclude that the opposite party had been deficient in providing service to the complainant because it had packed and supplied the broken DVD set player to the complainant behind his back




4. In the light of above discussion, the complaint is allowed and the opposite party is directed either to replace the DVD set of the complainant with new one of same make and model or to refund Rs. 2990/- within a period of 30 days from the receipt of the order failing which to pay interest at the rate of 9 % PA from the date of receipt of the amount till payment . The opposite party is also directed to pay Rs.500/- as compensation and a sum of Rs.500/- as costs of litigation.