Order No.  10  dt.  23/02/2017

       The case of the complainant in brief is that the complainant purchased one LCD at a price of Rs.48,900/- from Sony Centre, G.T. Road, East Asansol. After purchase the complainant found various problems, firstly on 12.9.13 the TV panel was replaced, secondly due to technical fault no AV out the TV was repaired on 2.7.14 at the cost of Rs.8068/-. Again the complainant found that the TV faced another problem i.e. no light but sound was available. After inspection the estimate was given of Rs.21,840/- for replacement of accessories. The complainant lodged a complaint to o.p. no.1 on 27.11.14, subsequently on 8.12.14 e-mail was received from Soma Bose, Regional Customer Care In charge, East Kolkata. The complainant lodged a complaint before CA & FBP, Govt. of West Bengal, a meeting was held on 12.3.15, in the said meeting o.p. reduced the service charge from Rs.21,840/- to Rs.13,772/- and on reply dt.12.3.15 it was stated that natural electric failure but in paragraph 7 first line it was mentioned that TV was damaged due to external cause which the complainant stated that it was not correct. In view of the said fact the complainant prayed for return of the price of the TV along with compensation of Rs.3 lakhs and litigation cost of Rs.1 lakh.

            In spite of receipt of notice the o.p. did not contest this case by filing w/v and as such, the case has proceeded ex parte against the o.p.

            The complainant filed an affidavit stating inter alia that he purchased Sony LCD TV at as price of Rs.48,900/- and after purchase he found various problems in the said TV for which he had to bear the expenses of Rs.2000/- and Rs.8068/- on 2.7.14 and 18.11.14. Subsequently in order to make further repairing an estimate was given to the tune of Rs.21,840/- which the complainant did not pay. Since within two years o.p. claimed an amount of Rs.31,908/- therefore the complainant failed to pay subsequent amount claimed by the company of Rs.21,840/-. On the basis of the said fact the complainant filed this case praying for refund of the price of the TV as well as compensation.

            On perusal of the record we find that the TV was purchased on 17.3.12 and the trouble started after the warranty period of one year and on perusal of the terms and conditions of the warranty it was specifically stated that the warranty does not cover any external accessories and does not cover caused to the product due to improper installation by the customer. Since the problem in the said TV cropped up after the expiry of the warranty period and the complainant could not substantiate the allegation that the product had the manufacturing defect at the time of purchase, if that would have been the case, the TV would not have run for more than 1 ½ years. The complainant whenever brought to the notice of o.p. regarding the problem faced in the said TV and the accessories provided for repairing of the TV was only charged by the company which has also been mentioned in the warranty card itself. In view of the said fact since the TV gave service to the complainant for more than 1 ½ years after that some defects arose which was not covered within the warranty period and accordingly after lodging of complaint by the complainant before CA & FBP, Govt. of West Bengal the amount was reduced from Rs.21,840/- to Rs.13,772/- the complainant did not accept the proposal given by the company, on the contrary he filed this case before this Forum with the claim of getting the full price of the TV as well as compensation which cannot be accepted. In view of the facts and circumstances as stated above we hold that the complainant since paid a sum of Rs.2000/- and Rs.8068/- for repairing of some accessories for running his TV, therefore the complainant will be entitled to get back the said amount. Thus the case is disposed of accordingly.

            Hence, ordered,

            That the CC No.330/2015 is allowed ex parte with cost against the o.p. The o.p. is directed to pay a sum of Rs.10,068/- (Rupees ten thousand sixty eight) only to the complainant along with compensation of Rs.1000/- (Rupees one thousand) only for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.   

            Supply certified copy of this order to the parties free of cost.