BEFORE THE DIST. CONSUMERS DISPUTES REDRESSAL FORUM; DHARWAD.
DATE: 21st June 2016
PRESENT:
1) Shri B.H.Shreeharsha : President
2) Smt.M.Vijayalaxmi : Member
Complaint No.: 117/2016
Complainant/s: Arjun Shivaji Koti,
R/o.Devaragudihalli, Post: Raynal, Tq.Hubballi, Dist.Dharwad 580024.
(In Person)
v/s
Respondent/s: 1. Intex Service Center, 1st floor, Wali Arcade, Opp: JG Commerce College, Vidyanagar, Hubballi 580021.
2. Bharati Retail Ltd., Easy Day Store, 1246, Urban Oasis Mall, Gokul Road, Hubli 580030
(Exparte)
O R D E R
By: Shri. B.H.Shreeharsha : President.
1. The complainant has filed this complaint claiming for a direction to respondents to set right the TV set free of cost or otherwise to direct the respondents to refund the cost of the TV set and the expenses incurred by the complainant and to grant such other reliefs.
Brief facts of the case are as under:
2. The case of the complainant is that, complainant for his personal use purchased Intex LED 4000 FHD 40 inches TV set from the respondent 2 on 02.03.2015 for a sale consideration of Rs.25,000/-. The respondent had assured extended 2 years warranty added to one year warranty from the date of purchase. The complainant had used the same for a year from the date of purchase without any trouble. Thereafter the TV set all of a sudden stop display. Thereafter complainant approached the respondent.2, during that time the respondent.2 advised the complainant to approach the respondent.1. In turn the respondent.1 visited the house of the complainant and inspected the TV set and told that, in order to set right the same it will cost Rs.10 to 15000/- since one year warranty has been expired the same cannot be set right free of cost. Thereafter the complainant insist for repair free of cost showing 2 years extended warranty to respondent.2 at the time of purchase, but the requests did not yields. Aggrieved by the same the complainant got issued notice to respondent 1 and 2 by RPAD. Despite service the respondent.1 and 2 did not replied nor complied. Non attending & non complying the requests amounts to deficiency in service. Hence, complainant filed the instant complaint praying for the relief as sought.
3. Despite service of notice the respondents remained absent. Hence, respondents were placed exparte and exparte proceedings initiated.
4. On the said pleadings the following points have arisen for consideration:
1. Whether complainant has proved that there was deficiency in service on the part of respondents ?
2. Whether complainant is entitled to the relief as claimed ?
3. To what relief the complainant is entitled ?
Complainant admits sworn to evidence affidavit, relied on documents. Heard. Perused the records.
Finding on points is as under.
1. Affirmatively
2. Accordingly
3. As per order
R E A S O N S
P O I N T S 1 & 2
5. On going through the pleadings & evidence coupled with documents it is evident that there is no dispute with regard to the fact that the complainant purchased the TV set from the respondent.2.
6. Now the question to be determined is, whether the TV set in question suffering from the defects, non set righting the same with free of cost within the warranty period amounts to a deficiency in service, if so, for what relief the complainant is entitled.
7. Since the facts have been revealed in detail which requires no repetition.
8. Since the respondents have been placed exparte and exparte proceedings has been initiated the contents of the complaint averments stood unimpeached.
9. Ex.C1 invoice confirms the purchase of TV set in question from the respondent 2. Ex.C2 further rectify the complainant has paid the sale consideration as per invoice. Ex.C3(a) is the user manual with warranty card issued by the respondent.2. Further perusal of Ex.C3(b) warranty card reveals the device in question has got one year normal warranty. Further perusal of Ex.C3(a) & Ex.C3(c) reveals the TV set in question has additional 2 years extended warranty. As per invoice the complainant purchased the TV set on 02.03.2015. As per the own admission of the complainant the complainant utilized the same without any trouble for a year. If so, one year will expires on 01.03.2016. There is no record placed by the complainant to show that from 01.03.2016 till 02.05.2016 the complainant approached the respondents and requested the respondents to set right the defects in the device. But complainant relied on Ex.C4 notice got issued to the respondents. Ex.C4(a) and (b) are the postal acknowledgements for having delivered the notice issued by the complainant to the respondents. On perusal of the notice issued by the complainant contents reveals prior to issue of Ex.C4 notice complainant had approached the respondents.1 and 2 and requested to set right the same, but the respondents reluctant to set right the same saying that, one year warranty has been expired and in turn the respondent.1 demanded for payment of charges for repair saying it may incur Rs.10,000/- to 15,000/- for set righting the same as one year warranty has been expired. At the time of argument the complainant drew the attention of this Forum to Ex.C3(a) (b) and (c) & perusal of the same there is specific assured 2 years extended warranty after normal one year warranty. So, the respondents cannot refuse or reluctant to set right the defects which has been sought out within the warranty period & which amounts to deficiency in service.
10. Except oral say the complainant has not produced any documents to show why the device is not working & what is the defect. Since the respondents have not replied to the notice issued by the complainant and as respondents remained exparte this Forum with no other option has to accept the contention of the complainant and holds the device is suffering from the defects and non attending the same and non set righting the same will amounts to deficiency in service. Hence, complainant established his case with cogent and appulsive evidence. Accordingly he is entitled for the reliefs.
11. In view of the above discussions we have arrived and proceed to held issue.1 and 2 in affirmatively and accordingly.
12. Point.3: In view of the finding on points 1 and 2 proceeded to pass the following
O R D E R
Complaint is partly allowed. The respondents. 1 and 2 jointly and severally held responsible to set right the TV set in question free of cost within 30 days from the date of receipt of copy of this order, along with Rs.1,000/- towards the compensation and Rs.1,000/- towards cost of the proceedings. The complainant immediately after receipt of the certified copy of the judgment approach respondent.1 and 2 and to obtain acknowledgement for having approached the respondents to attend the defects. Inspite of approach of the complainant and despite of service of free copy to the respondents if the respondents do not rush to the complainant and set right the defects as directed the respondents shall replace new device, failing to replace to refund the amount with interest @9% P.A. from the date of this order till realization. The endorsement/ acknowledgement for approach by the two parties is mandatory to contend the compliance or non compliance by respective parties.
(Dictated to steno, transcribed by him and edited by us and pronounced in the open Forum on this day on 21st day of June 2016)
(Smt.M.Vijayalaxmi) (Sri.B.H.Shreeharsha)
Member President
Dist.Consumer Forum Dist.Consumer Forum
MSR
