Ld. Advocate(s)
For Complainant: Mukbul Rahaman
For OP/OPs : Partha Sarathi Karmakar
Date of filing of the case :17.12.2018
Date of Disposal of the case :23.02.2023
Final Order / Judgment dtd.23.02.2023
Complainant Kakali Bhattacharya files the present complainant against the aforesaid opposite parties under section 12 of the Consumer Protection Act, 1986 alleging deficiency in service and prayed for award amounting to Rs.20,000.00(Rupees twenty thousand) as compensation, cost of the case and replacement of the article.
It is the allegation of the complainant that she had purchased one Sony 43´´ LED Television from the OP No.1 on 10.02.2018 on payment of Rs.58,600.00 (Rupees fifty eight thousand six hundred) in cash. On that time OP No.1 issued a Tax Invoice including Warranty Card. From April, 2018 some technical problems were started and matter was informed to the OP No.1 who advised to contact with OP NO.2 & 3. On 28.07.2018 some persons of the OP No.2 & 3 came to his house and examined the said Television Set and told that they would come again on 02.08.2018. On 02.08.2018 one Biswajit Sarkar came to his house and picked up the said T.V. set for servicing and issued one job sheet without mentioning any date. Said person assured the complainant that they would return the said T.V. set to the Krishnagar Service Centre i.e. before OP No.3 within 7 to 10 days after proper service. Thereafter, complainant did not receive any reply from the OP No.2 & 3. Complainant visited the office of OP NO.3 and on that time OP No.3 assured that they would return the T.V. set to the house of the complainant in due time as the OP NO.2 & 3 did not return the T.V. set to the complainant. He informed the entire matter through his colleague Hitesh Yadav on 03.10.2018 to the Customer Care Centre of Sony. They acknowledged said e-mail and lodged a complaint being no.050343329 but till the date of filing of the complaint, complainant did not get any satisfactory reply.
OP No.1-4 filed W/V and denied the entire allegations and further stated that there is no deficiency in service.
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Trial
During trial complainant Kakali Bhattacharya filed affidavit in chief and also filed certain documents.
OP No. 1- 4 filed affidavit in chief.
Documents
Following documents have been filed from the side of the complainant viz :
- Original copy of Tax Invoice dtd. 10.02.2018..........(One Sheet)
- Original copy of Warranty Card valid uptoNovember,2018..............(One sheet)
- Original copy of Service Job Sheet purchased date 10.02.2018.........(One sheet)
- E-mail copy of complaint..........(Two sheets)
Brief Notes of argument.
Complainant in support of her case did not file Brief Notes of Argument. She filed a petition on 08.02.2023 praying for treating the petition of complaint as BNA. Opposite parties did not file BNA. Even their Ld. Adv. was not present at the time of hearing argument.
Argument
Ld. Adv. for the complainant argued before this commission that complainant purchased the aforesaid articles from OP No.1 but within two months it was noticed that product was defective. She made several communications with the OP No.1 -4 but they did not take any steps and lastly she compelled to file this case. She prayed for necessary order from this Commission.
Decision with Reasons
It is the allegation of the complainant that she purchased the aforesaid article from OP No.1 but within two months it was noticed that product was defective. She made several communications with the OP No.1 -4 but they did not take any steps and lastly she compelled to file this case.
On perusal of original purchase bill dated 10.02.2018 we find that complainant purchased one SONY KD-43X 7002EB T.V. set valued at Rs.58,600.00(Rupees fifty eight thousand six hundred) and she paid the said amount in cash and thereafter took the delivery of the said article.
On perusal of warranty card we find that warranty period is one year from the date of purchase. As per the said documents warranty period of the aforesaid product was till 10.02.2019.
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On perusal of service job sheet dated nil we find that aforesaid T.V. set was taken from the complainant. It was noted therein that aforesaid T.V. set was found six times blinking.
On perusal of complaint of the complainant through Hitesh Yadav by e-mail we find that complainant stated therein “I am a permanent customer of your company. I was bought Sony T.V. worth amounting to Rs.58,600.00 from Shanti Traders, Krishnagar, Nadia (WB). On 15th July, the T.V. got spoiled, the information I gave to the service centre Krishnagar had said that the T.V. will be repair within 7 to 10 days and we will call you but after repeated calls and going to service centre I did not get any response. After putting on my T.V. in service centre for so many days, now I want to be given a new T.V. either by replacing the T.V or complete value shall be refunded if you do not resolved this problem to inform me so I logically second action my contact no. is 9475230371.
On perusal of reply issued by Sony care we find that Customer Care Centre Sony India gave the said reply they stated “Dear Hitesh Yadav getting from Sony India. We have received your e-mail and your request has been lodged as 50343329 (for future reference. Our response time we very best on the nature of query we solicit your cooperation and understanding we assured our best support always.
Complainant in her affidavit in chief stated that technical problems of the aforesaid T.V. were started in the month of April, 2018 i.e. within two months from the date of purchase. As per advise of OP NO.1 she contacted with OP NO.2 & 3, the authorize service centre. On 28.07.2018 staff of OP NO.2 & 3 visited his house and examined the aforesaid T.V. set on 02.08.2018 they picked up the said set for proper service, but after a long period OP No.2 &3 did not return the said T.V in her favour, thereafter he informed the entire matter to the service centre of OP NO.4 and got a reply, but till date he did not get satisfactory reply.
OP No.1 -4 in their W.V stated that they sent repeated reminders to the complainant that necessary repaired action and replacement of purse was already carried. T.V. was ready for collection. Complainant was duly informed by the OPs vide email dated 13.10.2018 but complainant did not pay any heed and started to raise unreasonable demand. They produced on copy of email dated 13.10.2018 addressed to Mr. Hitesh Yadav wherein they started “we are pleased to inform you that set has been duly repaired ad hearing to the stringent standard of quality and for ready for delivery. We request you to take back the set from our service centre at the earliest or confirm us your availability so that we can deliver the set accordingly.
From the aforesaid discussion we find that complainant had purchased one T.V. set from the OP NO.1 who is the representative of OP NO.4. OP No.2 & 3 are the service centre and representative of OP NO.4. It
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is also admitted possession aforesaid T.V. set was found technical problems within two months from the date of purchase. It is also admitted possession that OP NO.2 & 3 picked up the T.V. set for repairing but as per the complainant they did not return the same in favour of the complainant. It is the contention of OP NO.1 -4 that aforesaid T.V. set is ready for delivery after its necessary repairing.
Having considered the facts and circumstances of this case, evidence of records and documents on record we find that complainant has able to establish that the aforesaid product was found defective within two months from date of purchase.
So necessary direction should be given to OP No.1-4 for repairing of the aforesaid product to the satisfaction of the complainant and after giving further warranty period of one year.
In the result, present case succeeds. Hence,
It is
Ordered
that the present case be and the same is allowed on contest against OP No.1 -4 with cost of Rs.3000.00(Rupees three thousands) to be paid by OP NO. 1-4 in favour of the complainant.
OP No.1-4 jointly or severally are directed to return the aforesaid T.V. set with proper repairing maintaining the proper quality of the product to the satisfaction of the complainant like as new product with further warranty period of one year within one month from this date failing which complainant shall have liberty to put this order into execution.
OP No.1-4 jointly or severally are directed to pay Rs.5000.00(Rupees five thousand) to the complainant as compensation for his physical harassment and for her mental pain and agony within one month from this order failing which complainant shall have liberty to put this order into execution.
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Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order be sent to OP NO.1-4 for compliance.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
