Per Smt. Kanchan S. Gangadhare, Hon’ble Member
The Complainant has filed the present complaint against the opponent to get the refund for defective TV.
Brief facts of the case are as under :-
1) The complainant had purchased VU 49 inch full HD LED TV in sale on Flipcart platform on 16/05/2018 vide invoice no. FABBMW1900013622. The invoice value was Rs.29,999/- which was offered at special discount rate due to sale at Rs.24,399/-. The complainant also took extended warranty on payment of Rs.2,340/- on 20/05/2018. Extended warranty period was from 18/05/2019 to 15/05/2021.
2) According to the complainant, in early March 2021, TV was not functioning well so he complained regarding the same to the opponent. The opponent immediately sent the technician for repairing. On examination of TV, the technician told to the complainant that, some part needs to be replaced. Accordingly, the opponent sent mail on 28/04/2021and informed Case ID, Plan ID and express their inability to repair TV due to non- availability of the parts. Therefore, the opponent offered refund of Rs.17,079/- after deducting Rs.7,320/- from discounted price of Rs.24,399/- and extended warranty cost of Rs.2,340/-. To process refund, the opponent asked for account details of the complainant within three days, if not provided the refund process would be terminated. The complainant protested this value through phone call and informed that he was ready to accept the depreciation on invoice value and not on discounted price. The complainant was in touch with opponent to get refund on the invoice value. However, as informed by the opponent they stopped refund process. The complainant neither gets new TV nor get refund amount. The complainant sent one letter for settlement before approaching to this Commission which remains unanswered.
3) Being aggrieved by the deficient service given by the opponent, the complainant constrained to file the present complaint for getting gross value of TV Rs.29,999/- after deducting depreciation along with 8% interest and compensation.
4) The Opponent was duly served with the notice. In spite of several chances given to the Opponent to appear, he did not appear. Hence, matter is proceeded exparte against the Opponent.
5) Documents filed by the complainant :- warranty bill, tax invoice, mails and evidence affidavit etc.
6) In view of the above facts and considering the evidence affidavit, documents on record and arguments of the complainant, following points arise for our determination and our findings thereon as are under.
REASONING
7) It is clear from the tax invoice filed by the complainant at Exh.II that, he had purchased VU 49 inch full HD LED TV on Flipcart platform on 16/05/2018 vide Invoice No. FABBMW1900013622. The invoice value was Rs.29,999/- which was offered at special discount rate at Rs.24,399/-. The complainant also took extended warranty on payment of Rs.2,340/- on 20/05/2018. Extended warranty period was from 18/05/2019 to 15/05/2021. Warranty bill is filed on record at Exh.I.
8) According to the complainant, in early March 2021, TV was not functioning well so he complained regarding the same to the opponent. The opponent immediately sent the technician for repairing. On examination of TV, the technician told to the complainant that, some part needs to be replaced. We have perused the mail dated 28/04/2021 sent by the opponent to the complainant in which the opponent informed about Case ID 1C24EWMBSCJ-5402312, Plan ID JFLKFI2AC4165 and express their inability to repair the TV due to non- availability of the parts and agreed to refund amount of TV as per the extended warranty terms and conditions. Accordingly, the opponent offered refund of Rs.17,079/- after deducting Rs.7,320/- from discounted price of Rs.24,399/-. The complainant has not filed terms and conditions and the matter is proceeded exparte against the opponent. In our view, it is responsibility of the opponent to provide all necessary services while product is in warranty period. However, the opponent has given deficient service to the complainant by not providing spare parts to fix the TV. Moreover, the opponent should not consider the depreciation of product when he is at fault.
9) The opponent also asked for account details of the complainant within three days, if not provided the refund process would be terminated. The complainant protested above mentioned value of Rs.17,079/- through phone call and informed that he was ready to accept the depreciation on invoice value and not on discounted price. The complainant was in touch with opponent to get refund on the invoice value. However, as informed by the opponent, they stopped refund process. In our view, this termination of refund process was unilateral without consent of the complainant. According to the complainant, depreciation should be calculated on invoice price before discount. However, we are not convinced to calculate depreciation on amount which he had not paid. Hence, we are of the considered view to grant full consideration paid i.e. discounted price of Rs.24,399/- to the complainant.
10) On the basis of above discussion and evidence on record, we are of the opinion that, the complainant had purchased TV along with extended warranty from the opponent and at the time of defect in the TV, it was in warranty period. It is the deficiency on the part of the opponent that, he was unable to repair the TV due to non-availability of the spare parts and instead of offering replacement of TV, offered depreciated value of TV to the complainant. The complainant bought the TV at discounted price, took extended warranty and due to deficiency of the opponent, put the complainant in a situation to buy a new TV within period of 3 years. Hence, in our view, the opponent has given deficient service to the complainant. So, the opponent should refund the entire discounted price of Rs.24,399/- to the complainant. Hence, the following order.
ORDER
- Consumer Complaint No.CC/207/2022 is partly allowed.
- The Opponent is directed to refund an amount of Rs.24,399/-(Rs.Twenty Four Thousand Three Hundred Ninety Nine Only) to the complainant within fourty five days from the date of receipt of copy of this order, else, it will carry interest at the rate of 9% per annum till its actual realization.
- The Opponent is also directed to pay Rs.2,000/- (Rs.Two thousand Only) towards litigation charges to the Complainant.
- Copies of this order be sent to the parties free of cost.
