By Sri. MOHANDASAN.K, PRESIDENT
1.Complaint in short is as follows: -
The complainant purchased a TV from the opposite party on 04/04/2019 which was having 3 years warranty. The TV became defective and the complaint registered as No. 112021053927 and the service personal came to the complainant and examined the complaint of the TV. He said that complaint is to display of the TV and it will be rectified within two weeks. Thereafter complainant contacted the opposite party over mobile phone and also through email continuously. But the opposite party not turned up till 15/03/2022 and no rectification of the defect of TV was done. The opposite party willfully evaded from providing service to the complainant. Due to the defective service on the part of the opposite party, his son who is a student, lost online classes through Kite Victors channel that too for several months. The complainant had cable TV subscription and his subscription for the period also lost. Hence complainant prays for compensation of Rs. 80,000/- towards the hardship and inconveniences and financial loss sustained to him due to the deficiency in service of opposite party.
2. On admission of the complaint, notice issued to the opposite party. Though he received notice not turned up before the commission. Hence the opposite party was called and set exparte.
3. The complainant filed affidavit and documents. Document marked as Ext. A1 to A3. Ext.A1 is copy of Tax invoice dated 02/04/2019 issued by opposite party to the complainant, Ext. A2 is copy of WhatsApp screen shots to show the communication between complainant and opposite party, Ext.A3 is Email communication regarding the complaint of the TV(4 pages).
4. Since the opposite party remained exparte, no evidence adduced on behalf of the opposite party. In the absence of contra evidence, the case of the complainant stands proved through the affidavit and documents. The complainant stated in the affidavit that the opposite party rectified the defect of the TV on 07/04/2022 after receipt of notice from this Commission. Now the grievance of the complainant stands redressed to a certain extent, but the fact remained that the opposite party did not provide proper service to the complainant. The complainant lost cable subscription for five months and the precious online classes to his son also. There is no justification for the act of opposite party and so we find that there is deficiency in service and unfair trade practice on the part of opposite party.
5. Hence we allow the complaint as follows: -
- The opposite party is directed to pay compensation of Rs. 30,000/- (Rupees thirty thousand only) to the complainant on account of deficiency in service and thereby caused inconveniences and hardships to the complainant.
- The opposite party is directed to pay cost of Rs. 10,000/- (Rupees ten thousand only) to the complainant.
The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the above said entire amount will carry interest @ 12% per annum from the date of order till realization
