BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION:HYDERABAD (ADDITIONAL BENCH)

FA. No.314/2021 AGAINST ORDERS IN CC. No.16/2018 ON THE FILE OF DISTRICT FORUM, KARIMNAGAR Between :-

Kalvala Komal Reddy, S/o. Ram Reddy, aged about 43 years, Occ:- Agriculture labour, R/o. Meerjampet Village, Kalva Srirampur mandal, Peddapally district. …..Appellant/Complainant.

And

1. Samsung Servicing Centre, Rep. by its Centre Manager, R/o.

H.No.2-10-283, Sai Towers, First floor, Near Chemist bhavan, Jyothinagar, Karimnagar-505001.

2. Samsung India Electronics Pvt. Ltd., Rep by its Managing Director, office at 14th and 15th Floor, Two Horizon Centre, Golf Course Road, Sector-43, DLF Phase-V, Gurgaon-122002, Haryana, India.

3. Thirumala Music Centre (P) Ltd., Rep. by its centre Manager, R/o.

H.No.1-8-525, Opp:- SBH Nakkalagutta Hanmakonda, Warangal-

506001.

…Respondents/opposite parties Counsel for the Appellant :M/s.Bijjarapu Laxminarayana Counsel for the Respondent No.2 : Sri. Bhaskar Poluri Counsel for the Respondent No.1 :Notice served.

Counsel for the Respondent No.3 :Served Satisfactorily.

QUORUM: Hon’ble Sri K.Ranga Rao - Presiding Officer-

Member- (Judicial).

&

Hon’ble Sri V.V.SESHUBABU- Member ( Judicial).

TUESDAY, THE 31^th DAY OF MARCH, TWO THOUSAND TWENTY SIX *****

Order : (Per Hon’ble Sri K.RangaRao- Presiding Officer-

Member - (Judicial).

1. This appeal is filed by the Appellant/Complainant U/s.41 of the Consumer Protection Act,2019 praying this State Commission to set aside the impugned order dt.19.04.2021 passed in CC. No. 16/2018 of the District Forum, Karimnagar, and consequently to allow the appeal as prayed for.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint. The Appellant herein was Complainant and the Respondents were opposite parties in the CC. No. 16/2018 before the District Forum, Karimnagar.

3.The brief averments of complaint are as follows:-

The complainant purchased Samsung LED (32FH4003) TV on

21.01.2016 for an amount of Rs. 20,500/- from opposite party no.3 vide Invoice No. WA/1516/CR-3986, Dt: 21.01.2016. The screen of the said LED TV was stopped on 08.07.2016 while watching the programs. Hence the complainant got registered the complaint with the customer care and in turn the opposite party no.1's authorized person visited the complainant's house for repair and after check-up of the TV, he informed that defect with motherboard in Samsung LED. On 14.08.2016 fixed new motherboard by repairing the TV. After two months, again the above said TV was not working properly then the complainant raised complaint on 05.09.2016. The opposite party no.1's authorized person visited the complainant's house and after verification informed the problem as SMPS and motherboard failure and again repaired the TV by installing the two parts, despite fixed two parts the TV cannot display the screen on that the opposite party no.1's repairer reveals that the TV has lost total screen and it would incurred expenditure more than Rs. 16,000/- for replace of the screen and also the opposite party no.1 demanded Rs.16,000/- for replace of the screen. But the complainant rejected for the demand raised by the opposite party as the problem of TV is manufacturing defect within the warranty period. Therefore the complainant brought the TV to the opposite party no.3's show room in December, 2016 thereafter the opposite party no.3 kept the TV for 4 months to repair the TV. The opposite party no.3 sold the dummy TV instead of original Samsung LED TV. Hence the complainant requested the opposite party to replace it or to refund the amount but the opposite party no.3 neither replaced it nor returned the amount more over threatened the complainant with intent to cause loss. The alleged LED TV is in custody of the complainant and the complainant produce the TV before the Hon'ble Commission as and when require. Due to which the complainant got suffered mentally and physically as such he got issued Legal Notice Dt: 27.11.2018