IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Wednesday the 15th day of December, 2021
Filed on 02.07.2021
Present
1. Sri.S.Santhosh kumar.Bsc.LLB(President)
2. Smt. Sholly.P.R ,LLB (Member)
In
CC/No.122/2021
Between
Complainant:- Opposite parties:-
Sri. Akshay Mohan, 1. Jeeves Consumer Services Pvt. Ltd
Kalathumkalchira L/169,13 cross,5th Main Sector HSR
Kadakkarappally.P.O layout , Banglore-560102
Cherthala-688 529 (Exparte)
2. Realme MobileTelecommunications
(Party in person) India Pvt. Ltd, SREI Level -5
Maruti Udyog, Secto-18, Float 14-A Anah Road, Gurgaon, Haryana
(Exparte)
3. I.M.Electronics
CMC-11, Cherthala.P.O-688524
(EXparte)
4. Flipkart Internet Pvt. Ltd
Vaishnavi Summit No.6/B, 7th Main
80 Feet road 3rd block, Koramagala
Banglore-560034
(Exparte)
O R D E R
SMT. SHOLY.P.R (MEMBER)
Complaint filed u/s 35 of the Consumer Protection Act, 2019
1. Material averments briefly stated are as follows:-
The complainant had purchased HD LED SMART ANDROID TV through online purchase by Flipkart on 17-10-2020 for Rs.19,999/-. 2nd opposite party is the manufacturer, 1st opposite party is the supplier and the said TV installed by 3rd opposite party. After 5 months from purchase of the TV it became defective and was not working. On 27/3/2021 while the TV was switched on smoke was coming from the bottom part of the TV. It was informed to the complete care protection and Realme customer care center. But they have not yet investigated or taken a necessary step to resolve the problem affected to the TV. The said TV was having 1 year domestic warranty and 2 year warranty on panel and extended warranty of complete care protection of 3 years from 17/10/2020 to 16/10/2023. Policy number CPFK171020006629. This complaint is filed for solving the problem or to allow compensation of Rs.35,000/- from the opposite parties.
Notice issued from this Commission served to opposite parties 1 and 3 and that of opposite parties 2 and 4, were returned with endorsement “left”. All the opposite parties were called, absent hence set exparte. Complainant filed proof affidavit and 3 documents.
2. Points to be considered are as follows:-
1. Whether there is any deficiency in service from the part of opposite parties?
2. Whether the complainant is entitled to get relief sought for in the complainant?
Reliefs and cost?
3. Point No.1 and 2:-
Complainant’s case is that he had purchased HD LED SMART ANDROID TV through online platform by Flipkart for Rs.19,999/-. After 5 months from its purchase the TV became defective and was not working. On 27/3/2021 while the TV was switched on smoke was coming from the bottom part of the TV and the same was informed to the opposite parties. Though there was a domestic warranty of 1 year and 2 year warranty on panel and extended warranty of complete care protection of 3 years from 17/10/2020 to 16/10/2023, the opposite parties had not taken any necessary step to resolve the defect affected the TV in question. Hence the complaint filed for solving the problem affected on TV or to allow compensation of Rs.35,000/- from the opposite parties. Opposite parties were remained exparte. Complainant filed proof affidavit not in tune with the complaint and got marked Ext.A1 to A3. Ext.A1 is the Tax Invoice regarding the TV in question. Ext.A2 is the Tax Invoice remitting the insurance premium for availing complete TV protection of 3 years issued by 1st opposite party. Ext.A3 is the Tax Invoice issued by 4th opposite party.
Though the 1st and 3rd opposite parties have received notice from this Commission they would not conduct the case. The opposite parties 2 and 4 also remained exparte. In this circumstance we were constrained to accept the allegation of the complainant leveled against the opposite parties in the complaint. Accepting the unchallenged complaint, chief affidavit along with Ext.A1 to A3 we are of the view that the complainant is entitled to get the TV in question defect free.
4. Point No.3:-
In the result, complaint stands allowed in part in the following terms.
A) Opposite parties are directed to take initiative to cure the defects of the TV in question free of cost.
B) Opposite parties are directed to pay Rs.3000/- towards costs of the proceedings to the complainant.
The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 15th day of December, 2021.
Sd/-Smt. Sholy.P.R(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Tax Invoice dtd.15/10/2020
Ext.A2 - Tax Invoice dtd. 15/10/2020
Ext.A3 - Tax Invoice dtd. 15/10/2020
Evidence of the opposite parties:- Nil
///True Copy ///
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Compared by:-
