SRI. K. ANIRUDHAN (MEMBER)<br /> <br /> Complainant Sri. Thyagarajan filed this complaint before the Forum alleging deficiency in service on the part of the opposite parties. The grievance of the complainant is that he has purchased the Telephone Receiver from the 2nd opposite party which was manufactured by the 1st opposite party company with the model No. The 1st opposite party willfully mentioned in the instruction manual that the product is approved by the Govt. of India and is also mentioned the authorized service centres. The 1st opposite party issued a certificate of warranty to the complainant for one year for date of purchase in respect of the telephone set against any manufacturing defects during the period of warranty. Another condition as per the warranty 13 is that any defects during the warranty period will be repaired free of charge. Soon after the installation of the set, on the next day itself from the date of purchase the set became defect due to the manufacturing defect. So the complainant entrusted the set for rectifying the defects. The 2nd respondent returned the set saying that it was in good working condition. But it became defective again. When entrusting for rectifying the defects the 2nd opposite party refused to accept the same. Since there was no positive response on the part of the parties, the complainant filed the complaint alleging deficiency in service.<br /> 2. Notices were issued to the opposite parties. 2nd opposite party alone appeared and filed version. The version shows that the set was purchased for commercial purpose. It is stated that the warranty does not cover any repair done by unauthorized person; and the complainant had not acted in terms of the warranty certificate. <br /> 3. Considering the rival contentions of the opposite parties this Forum raised the issue:- <br /> (1) Whether there is any deficiency in service on the part of the opposite <br /> opposite parties?<br /> (2) Reliefs and costs.<br /> 4. Issue No.1:- On the side of the complainant he has produced Exts.A1 to A5 documents. Ext.A1 is the bill for Rs.751/- (bill No.577/dated11.4.05). Ext.A2 is the certificate of warranty which shows that the warranty is for the period of one year from the date of purchase against any manufacturing defects. Ext.A3 is the manual of the warranty, Ext.A4 is the courier receipt for Rs.30/- and Ext.A5 is the inspection report showing that the display of the set is defective. Complainant purchase the set on 11.4.05 and defect was seen within the warranty period. The evidence adduced by the complainant shows that he has produced the set for rectification within the warranty period. But the opposite parties not shown any earnest effort to rectify the defect or replacing the set. This amounts to deficiency in service on the part of the opposite parties. Hence the contentions of the opposite parties cannot be accepted as valid ground and the complaint is to be allowed. The issue is found in favour of the complainant. <br /> In the result, we hereby direct the 2nd opposite party to issue a new set without any defect together with a compensation of Rs.1000/- (Rupees one thousand only) for the negligence of the opposite parties and a cost of Rs.1000/- (Rupees one thousand only) to the complainant. We further direct the 2nd opposite party to comply the formality and pay the said amount within one month from the date of receipt of this order.<br /> Pronounced in open Forum on this the 30th day of June, 2008.<br /> Sd/- SRI. K. ANIRUDHAN:<br /> Sd/- SRI. JIMMY KORAH:<br /> Sd/-SMT. N. SHAJITHA BEEVI: <br /> APPENDIX:-<br /> Evidence of the complainant:- <br /> PW1 - Thyagarajan (Witness)<br /> Ext.A1 - Bill No.577 dt. 11.4.05<br /> Ext.A2 - Certificate of warranty<br /> Ext.A3 - Manual of warranty<br /> Ext.A4 - Courier receipt<br /> Ext.A5 - Expert report dtd. 13.3.2007<br /> <br /> Evidence of the opposite parties:- Nil<br /> <br /> // True Copy // By Order<br /> <br /> To Senior Superintendent<br /> Complainant/Opposite parties/S.F.<br /> Typed by :-Pr/- Compared by:-<br />