SMT.MOLYKUTTY MATHEW   : MEMBER

          This is a  complaint filed U/S 12 of the Consumer Protection Act 1986   for an order  directing  the opposite party  to  refund the value of LED TV for Rs.23,999/- and compensation and cost  for the deficiency of  service on his part.

  The case of the complainant in brief  

    The complainant  had purchased a M1 LED TV 4A worth Rs.23,999/- from the  opposite party   on 15/11/2018.  Before purchasing the TV the complainant had paid Rs.2000/- as advance amount to the opposite party.  At the time of delivering the  TV, the opposite party agreed that  to install the TV in their  own staff and give guarantee also. But after so many times the complainant approached the opposite party neither to install nor to attend the TV on working conditions.  .  So there is deficiency of service on the part of opposite party .   Hence the complaint.

   After filing the complaint, notice was issued to  opposite party. Opposite party received the  notice and not  appeared  before the  Forum and not  filed any  versions.  Ultimately the Forum had to hold that the  opposite party have no version.  As such this case  came to be proceed against the  opposite party  as ex-parte.

    Eventhough, the opposite party remained ex-parte, it is for the complainant to establish the allegation made by him against the  opposite party.   Hence the  complainant was called upon to produce evidence in the form of  affidavit and  documents.   Accordingly the complainant has chosen to produce his affidavit along with list of one document marking them Ext.A1.  The  opposite party  is remained absent in this case.  At the end the Forum  heard the case on merits.

      Let  us have a clear glance at the  relevant document  of the  complainant.  Ext.A1 is the  original  bill  paid by the complainant for the LED TV for an amount of Rs.23,999/- to the  opposite party .  Inspite of  genuine request  of the complainant the opposite party failed to install the  T.V and  refund of the amount to the complainant.  we are of the  considered view that the opposite party is liable to refund the amount of Rs.23999/- to the complainant along with Rs.3000/- towards the compensation and cost of the litigation.    Hence the complaint is allowed in part.  Accordingly we proceed to pass the following.

            In the result, the complaint of the complainant  is allowed in part

1)  the opposite party is directed to refund Rs.23,999/-(Rupees twenty three thousand nine hundred and ninety nine only)ie, the price of the LED TV to the complainant.

2) to pay Rs.3000/- as compensation cum cost of  litigation .

              This order to be complied by the opposite party within  30 days of the receipt of this order, failing which the complainant is   at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 1986.  On receipt of the  above amount, the  complainant  must return the LED TV 4A to the opposite party, if opposite party demanded for the same.

Exts:

A1- 15/11/2018- cash bill(original)

Sd/                                                                                                Sd/

MEMBER                                                                MEMBER                           

  eva                                             /forwarded by Order/

                                                                SENIOR SUPERINTNENDENT