DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB: PRESIDENT

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Tuesday the 28^th day of March 2023

CC No. 400/2017

Complainant

Tauseef.N,

Krishna Kripa,

Near Vayal Shop, Mundikkalthazham,

Kozhikode-673 008.

Opposite Parties

1.       Cloudtail India Pvt.Ltd,

Sy.209/2 &209/4, Koraluru Village,

 Soukya Road, Malleswaram (W),

Bangalore – 560 055, Karnataka, India.

2.       Amazon India,

Brigade Gateway, 8^th Floor, 26/1,

Dr. Rahkumar Road, Malleswaram (W),

Bangalore – 560 055, Karnataka, India.

3.       J.S.Electro Care,

Chandra Complex Muttappan Complex, Pattery,

Calicut.

(By.Adv.Sri.P.T.S.Unni)

4.       TCL India Holdongs Pvt.Ltd,

Town Center-2, 2^nd Floor,

Room No.202,203A,203B,

Andheri, Kurla Road,

Mumbai City,  MH 400059 IN.

(4^th opposite party was deleted from the party array as per order in IA 276/2019.

ORDER

By Sri. P.C. PAULACHEN – PRESIDENT 

           This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.

2.  The case of the complainant, in brief, is as follows:

On 26-10-2016 the complainant purchased a TCL 55 inch PLUS model T.V through Amazon.  The actual date of delivery of the TV was 8 days later. The warranty provided was 18 months from the date of purchase. The TV screen went fully black on 01-05-2017, within the warranty period. The complainant made several calls to the customer care and after one month they replaced the panel and returned the TV on 31-05-2017. But the replaced panel showed the same complaint on 03-10-2017. The complainant registered a complaint, pursuant to which, the panel was replaced. But the replacement of panel was with a low quality and used panel which was physically damaged also. The visual quality was poor. The same was brought to the notice of the opposite parties by the complainant. Despite several telephone calls, the opposite parties neglected the complaint reported. The T.V became defective twice during the warranty period. He had paid transportation charges of the TV to the service center.  Hence the complaint to direct the opposite parties to take back the damaged TV and refund the price along with compensation of Rs.15,000/- and transportation charges of Rs.3,000/- .

3. The first opposite party was set ex-parte on 18-07-2018. The second and third opposite parties were set ex-parte on 22-03-2018. The fourth opposite party was deleted from the party array as per order in IA 276/2019. On 18-07-2018 the second opposite party filed written version, but the same was not accepted since the second opposite party was ex-parte. Subsequently on 27-07-2019 the second opposite party filed IA 315/2017 to set aside the ex-parte order and the same was allowed on terms by our learned predecessors-in-office –vide order dated 16-12-2019. But the cost ordered was not paid and hence the version filed by the second opposite party was not accepted. The third opposite party filed vakalath on 07-01-2019. Thereafter the case was proceeded         ex-parte and the evidence of the complainant was recorded which consists of the oral evidence of PW1 and Exts A1 and A2 and after hearing the complainant, the case was taken for orders. At this juncture, the third opposite party filed a petition to set aside the ex-parte order and to exonerate them. IA 123/2022 to set aside the ex-parte order was dismissed and consequently IA 108/2022 for exoneration was also dismissed.    

4. The points that arise for determination in this complaint are :

1. Whether there was any deficiency of service or unfair trade practice on the part of the opposite parties, as alleged?
2. Reliefs and costs.

5. As already stated, the complainant was examined as PW1 and Exts A1 and A2 were marked.
6. Heard.

7. Point No.1– The complainant has approached this Commission alleging deficiency of service on the part of the opposite parties. The specific allegation is that the TV became defective during the warranty period and the opposite parties neglected to repair the same properly and they replaced the panel of the TV with a low quality used panel which was damaged also and that the opposite parties did not take any positive steps to redress his grievance despite several requests. The prayer is for refund of the price along with compensation and charges of transportation of the TV to the service center.

8. PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the invoice dated 26-10-2016 for the purchase of TV and Ext A2 is the copy of the certificate of warranty. Ext A1 is in the name of the complainant and Ext A2 shows that the warranty is applicable for 18 months from the date of purchase of the TV.  PW1 has asserted in the proof affidavit that the TV was repaired using used and damaged panel and the repair was not proper and the visual quality was poor and that though this was brought to their notice, the opposite parties neglected his complaint.

9.     The evidence of PW1 stands unchallenged. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked by the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 and A2. Neglect to attend the complaint during the warranty period of the product undoubtedly constitutes gross deficiency of service and unfair trade practice. Now the TV which the complainant purchased spending Rs.45,990/- has practically become a worthless product after one year. No purchaser of a new TV expects this sort of mental agony. Besides, the complainant was put to mental agony and hardship due to the indifferent and irresponsible attitude and conduct of the opposite parties. We find that this is a fit case where the complainant is to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of  Rs. 35,000/- will be reasonable compensation in this case.

10. Point No.2 :  In the light of the finding on the above point, the complaint is disposed of as follows:

1. CC 400/2017 is allowed in part.
2. The opposite parties are hereby directed to pay a sum of Rs.35,000/-(Rupees Thirty Five Thousand Only) as compensation to the complainant.

d) The payment as afore-stated shall be made within 30 days of  

the receipt of copy of this order, failing which, the amount of Rs.35,000/- shall carry an interest of 6% per annum from the date of this order till actual payment.

5. No order as to costs.

Pronounced in open Commission on this the 28^thday of March 2023.

Date of Filing: 07/11/2017.

                                                                                                                                                                                             Sd/-

                                                                                                                                                                                     PRESIDENT

                                                                                                                                                                                            Sd/-

                                                                                                                                                                                      MEMBER                           

APPENDIX

Exhibits for the Complainant :

Ext. A1 –   Ext A1 is the copy of the invoice dated 26-10-2016 for the purchase of TV

Ext. A2 –   A2 is the copy of the certificate of warranty.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Tauseef.N

Witnesses for the opposite parties 

Nil.

                                                                                                               Sd/-

PRESIDENT

                                                                                                   Sd/-

  MEMBER

                                                                                        Forwarded/ By Order

                                                                                                           Sd/-

                                                                                               Assistant Registrar