DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB: PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Wednesday 31st day of January 2024
CC.598/2023
Complainant
Janeesh. T.P,
Thazhe Pattayaparmbath (HO),
Palayad Nada (Post),
Vadakara – 673 521,
Kozhikode.
Opposite Party
Gadgex Digital Infotech LLP,
6/1006, Grouond floor,
Trade arcade, YMCA Junction,
Calicut – 673001.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed Under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 24/09/2019 the complainant purchased VU:TV:43-OA model colour television from the opposite party paying Rs. 34,500/-. The said TV ceased working on 14/10/2023 while the complainant’s father was watching the world cup cricket tournament. The complainant contacted in the mobile number shown in the bill and he was told to contact the opposite party for repairs and further he was directed to send his address and phone number in the watsapp. On 16/10/2023 it was informed by the opposite party that a technician would contact him and the service charges would be Rs. 500/-. On 17/10/2023 a technician stated to be the technician of VU TV contacted him over telephone and the complainant told him about the details of the complaints of the Television.Even without examining the television, the technician told that the complaint was with the back light. On 19/10/2023 he was told by the opposite party that the repair charges would be Rs. 5,800/- and demanded Rs. 2,500/- as advance. On 19/10/2023 he paid Rs. 2,500/- as Google pay. But the defect was not rectified. When he contacted the opposite party, their response was not good and he was informed that they were ready to refund the advance. However, they agreed to carry out the repairs before 23/10/2023. But it was not done. On 25/10/2023 it was informed that the technician would come on 26/10/2023. But nothing happened on 26/10/2023 even though the complainant waited for him availing leave. The opposite party has not taken any steps to repair the television so far. Hence the complaint for refund of the purchase price and the advance amount of Rs. 2,500/-, after taking back the television and to pay compensation of Rs. 50,000/- for the metal agony and inconvenience suffered.
- The opposite party was set ex-parte.
- The points that arise for determination in this complaint are; 1) Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
2) Reliefs and costs.
- The complainant was examined as PW1 and Exts A1 to A5 were marked .
- Heard.
- Point No 1: The complainant has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the invoice dated 29/04/2019, Ext A2 is the screen short of Google pay, Ext A3 is the screen short of watsapp chat, Ext A4 is the screen short of call history and Ext A5 is the screen short of call history with the technician.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The case of the complainant regarding deficiency of service on the part of the opposite party in the matter of repair of the television stands proved through the testimony of PW1 and Exts A1 to A5.
- The main prayer in the complaint is for refund of the purchase price of the television after taking it back. It may be noted that the complaint is silent as to the warranty, if any, available to the product. It is not known whether the complaint arose during the warranty period. To establish the claim for replacement of the television or refund of the price, the complainant has to prove by cogent, credible and adequate evidence supported by the opinion of an expert that the television suffered from inherent manufacturing defect. It is seen that there is absolutely nothing to show that the television is having any manufacturing defect. Even the complaint is silent on this aspect. The complainant has failed to place on record any technical/expert report to show that the product is having any inherent manufacturing defect so as to justify the claim for refund of the price. Moreover, the manufacturer is not impleaded in this case. In these circumstances, the prayer for refund of the price of the product is not allowable.
- But it is in evidence that there is gross deficiency of service on the part of the opposite party in repairing the TV despite receiving Rs. 2,500/- towards repair charges. The opposite party is bound to repair the TV and make it in a sound working condition. Undoubtedly, the act of the opposite party has resulted in gross mental agony and hardship to the complainant and he and his family members were not able to watch the TV programme. The complainant is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 7,000/- will be reasonable compensation in this case.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC.598/2023 allowed in part.
b) The opposite party is hereby directed to repair the television (VU:TV:43-OA model) of the complainant and make it in a sound working condition within 30 days of the receipt of copy of this order. The opposite party can collect the balance of repair charges amounting to Rs. 3,300/- (Three thousand three hundred only) from the complainant.
c) The opposite party is directed to pay a sum of Rs. 7,000/- (Rupees seven thousand only) as compensation to the complainant for the mental agony and hardship suffered.
d) The payment shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 7,000/- shall carry an interest of 6% per annum from the date of this order till actual payment.
e) No order as to costs.
Pronounced in open Commission on this, the 31th day of January, 2024.
Date of Filing: 05.12.2023
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext A1 - Invoice dated 29/04/2019.
Ext A2 - Screen short of Google pay.
Ext A3 - Screen short of watsapp chat.
Ext A4 - Screen short of call history.
Ext A5 - Screen short of call history with the technician.
Exhibits for the Opposite Party
NIL
Witnesses for the Complainant
PW1 - Janeesh. T.P (Complainant)
Witnesses for the opposite party
Nil
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
True copy,
Sd/-
Assistant Registrar
