DATE OF FILING : 27.11.2018

IN THE CONSUMER DISPUTES  REDRESSAL FORUM, IDUKKI

Dated this the 30th  day of  January, 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT. ASAMOL. P    MEMBER

CC NO.207/2018

Between

Complainant       :   Tomy K.C.,

Kallel House,   

Karimkunnam P.O., 

Thodupuzha, Idukki.

(By Adv:  K.M. Sanu)

And

Opposite Parties                                          :   1.  The Manager,

       Bismi Appliances, 

       Kalarickal Bazar,

       Thodupuzha P.O., Idukki. 

  2.  The Managing Director,

       PE Electronics Ltd.,

       Tech Web Centre,

       New Link Road, Oshiwara,

       Mumbai – 400 102.  

 

O R D E R

 

SMT. ASAMOL. P., MEMBER

 

The complainant is residing in the above shown address.  The first opposite party is the Manager of Bismi Appliances, Kalarickal Bazar, Thodupuzha and the 2nd opposite party is the Managing Director of PE electronics, Techweb Centre, Mumbai.  The complaint is filed by the complainant against the unfair trade practice and deficiency in service happened on the part of the opposite parties in selling a defective TV set and for getting relief from the opposite parties such as either refund the price of the product or replacing with new Television.

 

The complainant averred that, on 11.12.2015, the complainant purchased 39 inch Philips LED TV of Rs.27,900/- from the 1st opposite party.  At the time of purchasing, the 1st opposite party agreed that the TV has high quality and long term use with 3 year warranty.  As per the 

(cont....2)

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warranty, solving any defects of the TV within 3 years period with free of cost by the 2nd opposite party.  The complainant  believing the words of the 1st opposite party, purchased the above said TV.  But, on 2018 May, the TV was in defective.  The complainant informed the 1st opposite party about the defect of the TV.  But 1st opposite party did not take any steps for solving the defect at that time.  Later one technician came and inspect the TV and he said that the panel of the TV is defective and also he said that the panel is not available in the company.  After that they didn't  take any remedial steps.

 

The complainant further averred that, the opposite parties played fraud on the complainant.  They are liable to replace the product or refund the price of the product and also compensate the damages and hardships suffered by the complainant.  

 

Notice served to the opposite parties. But the opposite parties did not appear before the Forum, hence made exparte.

 

The point for consideration is whether there was any deficiency in service from the part of the opposite parties and if so, for what relief the complainant is entitled to ?

 

No oral evidence adduced by the complainant.  The bill issued by the opposite  party for the purchase of TV is marked as Ext.P1 and the warranty card issued is marked as Ext.P2.

 

The POINT :-   The complainant alleges that the opposite parties sold Philip LED TV with 3 year warranty card to the complainant.    Complainant produced the Ext.P1 bill and Ext.P2 warranty card before the Forum.  It is clear that the opposite party sold the LED TV to the complainant with 3 year warranty.  Notice served to the opposite parties.  But they didn't appear before the Forum.  So they called absent and opposite parties set exparte.

 

Hence the petition allowed.  The Forum directs the opposite parties either refund the price of the product or replace  the  damaged  TV  with a 

 

(cont....3)

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new one and also directed to pay Rs.3000/- as compensation and Rs.2000/- as cost of the petition within 30 days of the receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default, till its realisation.

 

Pronounced in the Open Forum on this the 30th day of January, 2019

 

   Sd/-

     SMT. ASAMOL. P, MEMBER

   Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

 

 

APPENDIX

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1            -  The bill issued by the opposite  party for the purchase of TV.

Ext.P2            -  the warranty card issued by the opposite party.

On the side of the Opposite Party :

Nil.

 

 

           Forwarded by Order,

 

 

 

              SENIOR SUPERINTENDENT