By Sri. A.S. Subhagan, Member:
This is a complaint filed under section 12 of the Consumer Protection Act 1986.
2. Facts of the case in brief:- The Complainant had purchased an IMPEX DVD PLAYER PRIME DX4 as per invoice No.17931 on 31.12.2016, from the Opposite party. Consequent upon the non-functioning of it, the complainant entrusted it to the Opposite Party on 07.10.2017 for repairs. Afterwards even though the Complainant had approached the Opposite Party several times directly and through telephone, the Opposite Party has not repaired or replaced it. Hence the Complainant has approached this forum by filing this complaint seeking a compensation of Rs.10,000/- in toto for monetary loss and defamation.
3. The complaint was registered and notice was issued to the Opposite Party for appearance and for adducing his version and evidence. But inspite of repeated registered notices the Opposite Party was reluctant to appear before the Forum and defend his case. Hence, the Opposite party was set exparte on 17.02.2020.
4. The Complainant filed chief affidavit and he was examined as PW1 and Exts.A1 and A2 were marked from his side. Ext.A1 is the copy of invoice No.17934 dated 31.12.2016 issued by the Opposite Party and Ext.A2 is the copy of delivery receipt issued by the Opposite Party. PW1 was examined on 22.02.2020. Opposite Party was not examined as he was set exparte.
5. Upon perusal of the complaint, documents marked, Chief affidavit filed and evidence given by the Complainant the Forum raised the following points for consideration.
1. Whether there is any unfair trade practice or deficiency of service on
the part of the Opposite Party?
2. If so, whether the Complainant is entitled to get the compensation as
prayed for?
6. Points No.1 and 2:- For the sake of convenience and brevity both the points are considered together. As per the contention of the Complainant he had purchased an IMPEX DVD PLAYER PRIME DX4 from the Opposite Party and in proof of which he has produced Ext.A1 which is the copy of invoice No.17934 dated 31.12.2016 issued by the Opposite Party. The Complainant also contents that he had entrusted it to the Opposite party for repairs or replacement, consequent to its non-working and in proof of which he has submitted copy of the delivery note No.3992 issued by the Opposite Party, acknowledging the handing over of the DVD for repairs. According to the contention of the Complainant the Opposite Party neither repaired nor replaced the DVD. This is deficiency of service on the part of the Opposite Party. The Opposite Party had the right and opportunity to appear before the Forum and defend the case but the Opposite Party did not acted as such. Hence the Forum has no other way to declare otherwise than upholding the right of the Complainant to get compensation for deficiency of service on the part of Opposite Party.
In the result, the complaint is partly allowed and the Opposite Party is directed to pay a compensation of Rs.6,000/- (Rupees Six thousand only) in toto to the Complainant within one month from the date of this order. The complaint is disposed accordingly.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 28th day of February 2020.
Date of filing:18.06.2018.
PRESIDENT: Sd/- MEMBER: Sd/- MEMBER : Sd/-
APPENDIX.
Witness for the Complainant.:-
PW1. Suresh. P.G Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the Complainant:
A1. Copy of Invoice. dt:31.12.2016.
A2. Copy of Delivery Receipt.
Exhibits for the Opposite Parties:-
Nil.
