DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the  31^st day of May, 2023 

Present      :   Sri. Vinay Menon V., President

                  :  Smt. Vidya A., Member                        

                  :  Sri. Krishnankutty N.K., Member                                Date of Filing: 12/08/20222 

                         CC/144/2022

Amal C.M.,

S/o. C.C.Mohanan,

Chukkini House, Chavuttu parambu,

Nochupully P.O., Mundur,

Palakkad – 678 592                                   -                       Complainant

       (By Adv.P.Sreeprakash)  

                                                                                                Vs

1. BPL Ltd.,

Dynamic House, No.4, Church Street,

Bangalore, Karnataka – 560 001

Rep. by Managing Director

2. Reliance Retail Limited,

Reliance Digital, M – 20,

Stadium Byepass Road, Kunnathurmedu,

Palakkad – 678 013, Rep.by Branch Manager -                     Opposite parties

             (OP1 No representation

              OP2 Adv. Sheela. M. K.)

O R D E R

By  Sri. Vinay Menon V., President

1. TV purchased by the complainant  which is manufactured by 1^st  OP and sold by 2^nd OP suffered from display issues within weeks of purchase. Even after repeated repairs the TV is not watch worthy. The TV is beyond salvage and hence the complainant’s sought for replacement and for other incidental reliefs.
2. Though they received notice, the first OP did not enter appearance. The 2^nd opposite party failed to file version within the statutory period. Hence, complaint proceeded  exparte. 
3.  In the absence of any counter pleadings it is only necessary that the complainant proves a prima facie case.
4. Complainant filed proof affidavit and marked Exts.A1 & A2.  Report of the Expert  Commissioner who inspected the TV  was marked as Ext.C1.   
5. Ext.A1 is the warranty card that proves that the product has a warranty of two years. Ext.A2 is the invoice issued by the 2^nd OP. Price of the TV is Rs.25,490/- and the date of purchase is 11/4/2022.
6. Ext.C1 Commission report is the report issued by the Expert Commissioner. The Commissioner has reported that the television set suffers from the following defects.

1. The display is not working
2. Patches of lines are seen on the entire screen after it is turned on for a while. The patches of lines which were initially seen at the centre of the screen spreads to the entire screen.
3. The right end of the centre has a burnt region which heats up heavily on turning ON.

The Expert Commissioner has also stated that there are no signs of physical damage on the TV. Contents of Ext. C1 report tallies with the pleadings of the complainant.

7. A conjoint reading of Exts .A1, A2 &  C1  would conclusively prove a prima facie case that within months of purchase of the TV, the TV has developed complaints and the same still persists.    
8. Therefore this complaint is allowed on the following terms.

1.  The opposite parties shall repay the price of Rs.25,490/-  to the complainant together with interest @10% from 11/4/2022 till date of payment.
2. The complainant is entitled to a compensation  of Rs.30,000/-
3. The complainant is entitled to a cost of Rs.25,000/-
4. Opposite parties 1 & 2 are jointly and severally liable to pay this amount to the complainant within 45 days of receipt of this order failing which the opposite party shall pay the complainant a solatium of Rs.500/- per month or part thereof from the date of this order till date of final settlement of the aforesaid amounts.

Pronounced in open court on this the 31^st day of May, 2023.

                                                      Sd/-       

                                                                                                Vinay Menon V

                                                      President

                                                             Sd/-

   Vidya.A

                       Member        

       Sd/-                                                         Krishnankutty N.K.

                                                                                                      Member

APPENDIX

Exhibits marked on the side of the complainant :   

 Ext.A1 – Original warranty card

Ext.A2 – Original  Invoice

 Exhibits marked on the side of the opposite party:   Nil

Court Exhibit: 

Ext.C1 – Commission report dated 28/11/2022

Third party documents:  Nil

Witness examined on the side of the complainant: Nil

Witness examined on the side of the opposite party:  Nil

Court Witness: Nil

NB : Parties are directed to take back all extra set of  documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.