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
Thursday the 13th day of July 2023
C.C.216/2021
Complainant
Vasu.P
Parakkath House,
Kalpathur –P.O,
Meppayur – Via,
Kozhikode – 673 524.
(By Adv.Sri.Navjyoth)
Opposite Parties
- Kannakandy Sales Corporation
Perambra Branch,
Near Taj Wedding Centre,
Perambra – P.O,
Kozhikode – 673 525.
Suppl.OP 2.
M/s.Philips India Limited
Unit No.402, 4th Floor, Tower – 3,
Bharati World Mark,
Maidawas Road, Sector 65,
Gurugram,
Hariyana – 122 018.
Suppl. OP 3.
Philips India Limited
Sunny Side, C Block,
3rd Floor, No.8/17,
Shafee Mohammed Road,
Second st,
Chennai – 600 006.
(Suppl. OP 2 & 3 impleaded as per Order dated 23/01/2023 in IA No.210/22).
ORDER
By Smt.PRIYA . S - MEMBER
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 12/09/2016, the complainant had purchased Philips LED TV (Serial No:110616119005362792) from the first opposite party for a consideration of Rs.17,800/- and the same had 5 years warranty. Later the complainant had to face with display issues with the product from 27/04/2021 ie, within the warranty period. The complainant had informed the matter to the opposite parties. After several follow-ups, an Engineer was sent from the side of the opposite party to inspect TV. The complainant was told that he would be intimated about the next process. But no action was taken till date, except the complainant got a complaint ID No:210724106833. The same issue exists even now. Due to the inaction of the opposite parties, the complainant was forced to issue an advocate notice on 17/08/2021 to the Managing Director of opposite party. The complainant opines that there is unfair trade practice and deficiency of service involved in this case. The complainant prays to direct the opposite parties to take necessary steps to render proper service and refund Rs.17,800/- to him and also to provide Rs.30,000/- as compensation to him.
3. On receipt of the notice issued from this Commission, the 1st opposite party entered appearance through counsel. Later opposite parties 2 and 3 were impleaded. But no version was filed. Opposite parties 1 to 3 were set ex-parte.
4. The points that arise for determination in this complaint are:
1) Whether there was any deficiency of service or unfair trade practice on the part of the opposite parties, as alleged?
2) Reliefs and costs.
5. The complainant was examined as PW1 and Exts A1 to A4 were marked.
6. Heard.
7. Point No.1: In this case since the complainant had purchased the LED TV for consideration he is well under the definition of consumer. So the complaint alleging deficiency of service and unfair trade practice is perfectly maintainable before this Commission.
8. The case of the complainant is that on 12/09/2016, he had purchased Philips LED TV from the 1st opposite party for a consideration of Rs.17,800/- which had 5 years warranty. The TV started developing display issues within the warranty period. The complainant reported the complaint to the opposite parties. After many requests an Engineer was sent to inspect the TV. Though it was informed that the complainant would be intimated about the next process, no action was taken till now.
9. In order to substantiate his case, the complainant got himself examined as PW1. PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext.A1 is the copy of AADHAR card, Ext.A2 is the copy of retail invoice and warranty card of TV dated 12/09/2016, Ext.A3 is the copy of letter dated 17/08/2021 and Ext.A4 is the copy of the legal notice dated 23/09/2021.
10. The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version. Ext A1 to A4 documents also support the case of the complainant. The opposite parties have 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 stands proved through the testimony of PW1 and Exts A1 to A4. The act of the opposite parties amounts to unfair trade practice and deficiency of service.
11. The opposite parties are bound to repair/service the TV and make it in a sound working condition orelse return the price of the TV. Undoubtedly the act of the opposite parties have resulted in gross mental agony and hardship to the complainant, to which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that, a sum of Rs.5,000/- will be an adequate compensation in this case. The opposite parties are jointly and severally liable.
12. Point No:2 :- In the light of the finding on the above point, the complaint is disposed of as follows:
- CC.No.216/2021 is allowed.
- The opposite parties are directed to service/repair the Philips LED TV of the complainant and make it in a sound working condition within 30 days from the date of receipt of copy of this order, orelse, refund Rs.17,800/- (Rupees Seventeen thousand Eight hundred only) to the complainant, being the price of the TV. It is made clear that the complainant shall not be required to pay any charge for the repair/service.
- The opposite parties are directed to pay a sum of Rs.5,000/- (Rupees Five thousand only) as compensation to the complainant.
- No order as to costs.
Pronounced in Open Commission on this, the 13th day of July,2023.
Date of Filing : 10/12/2021.
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext.A1 – Copy of Aadhar card.
Ext.A2 - Copy of retail invoice and warranty card of TV dated 12/09/ 2016.
Ext.A3 – Copy of letter dated 17/08/2021.
Ext A4 – Copy of the legal notice dated 23/09/2021.
Exhibits for the Opposite Parties:
Nil.
Witnesses for the Complainant:
PW1 - Vasu.P (Complainant)
Witnesses for the opposite parties:
Nil.
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
True copy,
Sd/-
Assistant Registrar.
