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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 562 OF 2019
 
(Against the Order dated 19/12/2018 in Appeal No. 174/2018 of the State Commission Chandigarh)
1. SONY INDIA PVT. LTD. & 2 ORS.
A-18, MOHAN COOPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD,
DELHI-110044
2. MODERN ELECTORNICS PVT. LTD.
(SERVICE CENTER)THROUGH ITS AUTHORIZED SIGNATORY, SCO 126-127, FIRST FLOOR, SECTOR 34-A,
CHANDIGARH
3. MODERN SALES
(DEALER)THROUGH ITS AUTHORIZED SIGNATORY, 22 SCO 1122, SECTOR 22B
CHANDIGARH
...........Petitioner(s)
Versus 
1. SHAKUNTALA RANI
HOUSE NO. 3070, SECTOR 40-D,
CHANDIGARH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE RAM SURAT RAM MAURYA,PRESIDING MEMBER

For the Petitioner :
Mr. Sandeep Khatri, Advocate
For the Respondent :
In person along with
Ms. Ranjana Shahi, A.R.

Dated : 15 Sep 2021
ORDER

1.      Heard Mr. Sandeep Khatri, Advocate for the petitioners and Smt. Shakuntala Rani (the respondent) in person.

2.      This revision petition has been filed against the order of State Consumer Disputes Redressal Commission, U.T. Chandigarh, dated 19.12.2018, passed in Appeal No. 174 of 2018 (arising from the order of District Consumer Disputes Redressal Forum-I, U.T. Chandigarh, dated 09.05.2018 passed in Consumer Complaint No. 733 of 2017), where by the complaint has been allowed and the appeal has been dismissed.

3.      Smt. Shakuntala Rani (the respondent) filed Consumer Complaint No. 733 of 2017 on 18.10.2017 for directing the petitioners/opposite parties to replace the T.V. of same model or to refund Rs.1,12,400/- along with interest @ of 12% per annum, from the date of purchase of T.V., Rs.2,30,000/- as compensation for pain and harassment and Rs.11,000/- as cost of litigation. It has been stated that the complainant had purchased Sony Bravia KDL-55W800D, having Serial No. 8506510, LED T.V. Set of 55” (for short T.V.) from Modern Sales (opposite Party-1) for Rs.1,12,400/-, on 20.10.2016, on which, one year warrantee was given. From very beginning, various defects i.e. (i) Sound Problem- Creaking noise, (ii) Non-Functioning Camera, (iii) Non-Functioning of Voice Search system and (iv) Bad Picture Quality, were detected. The complainant called Customer Care Centre in December, 2016 and lodged her complaint, in respect of the aforesaid defects in T.V. Then some Engineer of Sony Company came and tried to cure the defects but of no result. Second complaint was made in March, 2017, then again some Engineer of Sony Company came and tried to cure the defects but of no result. Thereafter, the complainant was making complaints to the Service Centre and the Dealer but they began to avoid the complaints. The complainant then gave a legal notice to the opposite parties on 03.05.2017. Then again some Engineer of Sony Company came and tried to cure the defects but the problems in T.V. were not mended. The complainant again called Customer Care Centre on 05.09.2017, then some Engineer of Sony Company attended the complaint on 07.09.2017 and tried to cure the defects but of no result. The complainant then gave second legal notice to the opposite parties on 21.09.2017 and requested to replace the T.V. with a new T.V. of the same model. The complainant again called Customer Care Centre on 14.10.2017, then some Engineer of Sony Company attended the complaint and tried to cure the defects but the defects were not mended. The opposite party were giving vague excuses and vesting time by checking and repairing. The T.V. had manufacturing defects, from very beginning.

4.      On notice of the complaint, the opposite parties filed their joint written reply. In which they admitted purchase of T.V. on 20.10.2016. However, according to them price of Rs.1,02,600/- was paid. According to them, for the first time, a complaint was made on 11.09.2017, pointing out defects in Camera & Microphone. This complaint was within warrantee period, therefore, after checking, the Camera was

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