Delhi

East Delhi

CC/166/2022

DALIP KUMAR (SR. CITIZEN) - Complainant(s)

Versus

FOXSKY ELECTRONICS & ORS. - Opp.Party(s)

05 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No166/2022

 

	DALIP KUMAR S/o Shri Gyan Prakash,         4/457, Block – 4, Trilok Puri,         East Delhi – 110091.	….Complainant
Versus
	FOXSKY ELECTONICS INDIA PVT. LTD. 49/26, SITE IV, INDUSTRIAL AREA SAHIBABAD, GHAZIABAD, U.P. 201010.   SHARMA ELECTRONICS 9/257, KHICHRI PUR, DELHI – 110091.	……OP

Date of Institution: 29.03.2022

Judgment Reserved on: 05.01.2023

Judgment Passed on: 06.01.2022

               

CORUM:

Sh. S.S. Malhotra (President)

Ms. Rashmi Bansal (Member)

Sh. Ravi Kumar (Member)

 

Order By: Sh. S.S. Malhotra (President)

 

JUDGEMENT

By this order the Commission shall dispose off. The complaint as filed by the complainant with respect to selling faulty LED TV and then by not repairing the same within warranty period.

        Brief facts as stated by the complainant in the complaint are, that he purchased one LED TV from OP2 on 25.05.2021 being Model No. 24FSN that Rs.8500/- which worked well for seven months but then it stopped working and complaint was lodged with OP1, against complaint No. FSY2021120847860 and one technician from the office of OP1 came and informed the complaint that LED TV would be rectified within 10 working days and he took the T.V. with him and thereafter, when the complainant approached the OP1 again after 14-15 days, he was told that the display of LED T.V. was defective and he has to pay Rs.5500/- for repair/replace the display. It is submitted that the T.V. was within warranty and OP has to repair it free of cost but neither the OP returned the T.V. nor repaired it and as such he has to file the present complaint thereby claiming the cost of T.V. alongwith harassment charges Rs.60000/- and litigation charges Rs.50000/-.

Both the OPs was served but they did not appear and were proceed Ex-parte vide order dated 14.09.2022.

        Complainant has filed evidence and commission has heard the argument.

        The complainant has Exhibited the copy of the bill Ex.CW-1/1, the warranty card Ex.CW-1/2 and copy of the aadhar card Ex.CW-1/3. Although no documents with respect to handing over the T.V. back to the T.V. Technician has been filed yet since there is no rebuttad to the statement of complainant, the complaint of the complainant is accordingly allowed thereby directing both the OPs to pay Rs.8500/- joint & severely to the complainant with interest @ 9% P.A. alongwith mental harassment and litigation charges to the extent of Rs.4000/-. The Ops are directed to comply the order within 30 days of receipt of this order.

        Copy of this order by sent to all the parties free of cost.

        If the OPs would not comply with, the order within 30 days then OP would pay interest at 9% on the entire means i.e. Rs.12500/-.

        Announced on the 6^th day of January 2023.

Delhi.

06.01.2023