BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, VELLORE DISTRICT AT VELLORE. PRESENT: THIRU. A. SAMPATH, B.A., B.L., PRESIDENT TMT. G. MALARVIZHI, B.E. MEMBER – I THIRU. K. DHAYALAMURTHI,B.SC. MEMBER – II CC.8 / 2006 WEDNESDAY THE 29th DAY OF SEPTEMBER 2010. J. Subramanian, I.R.S.E. , Deputy Chief Engineer (Retd), S.Rly, Madras, , 39/22 T.N. Nagar, 1st street, Palanipet, Arakoonam 631 002. … Complainant. - Vs – 1. Shri M. Ravi, Proprietor, M/s. Popular Agencies, Authorized Philips Dealer, No.92/114, Gandhi Road, Arakkonam 631 001. 2. a) Shri. Vijayan, M.Tech, Service Engineer & b) Shri. Satiq Batcha, Branch Service Head, Rep. M/s. Philips Electronics India Ltd., Consumer Electronics Division, 5th Floor, Temple Tower, No.672, Anna Salai, Nandanam, Chennai 600 035 3. Shri Mahadevan, Proprietor, Rep. M/s. Power Electronics, Authorized Philips Service Centre, H.O. No.61-C Arcot Road, Balaji Complex, Vellore 632 004. … Opposite parties. . . . . This petition coming on for final hearing before us on 27.7.2010, in the presence of Tmt. V.J. Nirmala, Advocate for the complainant and opposite party -1 already set exparte and Thiru. G.Ravi & Thiru.N.Raja, Advocate for the opposite parties 2 & 3, and having stood over for consideration till this day, the Forum made the following: O R D E R Pronounced by Thiru. A. Sampath, President of the District Consumer Disputes Redressal Forum, Vellore District. 1. The brief facts of the case of the complainant is as follows: The complainant purchased a colour Television Philips make 25th Faltron – Model-25 P.T. 3323 / 69 R with the chassis No.B.2000450887182 for Rs.15990/- only on 15.3.2005 by paying Net cash from M/s. Popular Agencies, No.92/114 Gandhi Road, Arakkonam who is a Authorized Philips Dealer at Arakkonam and opposite party No.1. The above C.T.V. set has worked upto 30.10.05 and was not functioning from 31.10.05 and reported this matter on 1.11.05 to M/s. Popular Agencies / Arakkonam. In turn M/s. Popular Agencies has arranged the T.V. Mechanic by name Sri.M. Jagan from M/s. Power Electronics Authorized Philips Service Centre at B.O.81 – Kamarajar Salai, (1st Floor) Near Taluk Office – Kancheepuram-2 with H.Q. office at 61C Arcot Road, Balaji Complex, Vellore 632 004 the opposite party -3 in this case. The T.V. Mechanic Sri. M. Jagan has visited my house on 9.11.05 after a lapse of 8 days and taken the P.C.B. Panel Board from T.V.Set for repairs. After a lapse of 30 days Sri. M. Jagan T.V. Mechanic, has brought back the P.C.B. Panel Board Equipment on 8.12.05, Restored the T.V.P.C.B. Panel board after repairs and it was working upto 17.4.06. ON 17.4.06 the above TV again went out of order. The complainant M/s. Popular Agencies who supplied the above C.T.V. on 18.4.06. Inturn M./s. Popular Agencies, Arakkonam has arranged the T.V. Mechanic Sri. M. Jagan who attended on the above T.V. on 26.4.06. Then Mr.M. Jagan T.V. Mechanic who attended on the above C.T,V. set said that the I.C. a part with the T.V. has out of order and will be supplied on 2.5.06 and repairs will be completed by the time. On 4.5.06 the T.V. Mechanic Sri. M. Jagan has visited my house and attended on the above T.V.Set and he said that he will take back the P.C.B. Panel Board for repairs at Kancheepuram or Vellore for which he has issued a repair Estimate Format. On 11.5.06 Sri. M. Jagan the T.V. Mechanic of Power Electronics, Kancheepuram has again attended the above C.T.V. set with P.C.B. Panel Board which he brought back @ 10.30 hrs. and tried his level best to make the T.V.set functionable. But finally he said that the coil in the picture tube has gone out of order which will be known only after repairing and fixing the coil in the T.V. set on the date when he comes back. When he has telephoned to his Manager, they said it seems that the P.C.B. Panel Board and coil will be replaced with new one and let @ 12.00 hrs. promising to come back with all the equipments and spare parts. On 29.5.06 Sri. M. Jagan T.V. Mechanic of Power Electronics has brought back yoke coil new one as said by him and replaced by removing the old one, tried his level best for functioning of T.V. But the C.T.V. set was not working. Now Sri. M. Jagan, T.V.Mechanic says that the T.V. Picture tube has gone out of order and require replacement. Warranty card can be obtained from M/s. Popular Agencies / Arakkonam. 2. The following are the faults and failure of the functioning of these T.V.sets. 1. Defective manufacture. 2. Inferior quality of components used. 3. Quality control not maintained as per norms set out. 4. The already used and second hand T.V.set might have been supplied which would have been received on Exchange programme, duly repairing the vital parts. 5. Date of expired and defective picture tube might have been used in this C.T.V. 6. By adopting unfair trade practice, this defective and poor quality T.V.set have been supplied on higher rates. 7. No warranty / Guarantee card was issued specifying the period. 8. Defective spare parts and picture tube might have been used to make it usable for some time and sell this kind of T.V.set to somebody i.e. to me. On account of ill equipped knowledge of T.V. Mechanic as well as his manner of attending on the above T.V.set improperly and I suspect the consequential reaction leading to malfunctioning of T.V.Set as well as its picture tube due to improper repair done by the above service centre through Sri.M.Jagan, the T.V. Mechanic which finally leading to major break down of T.V.Set. On the whole, it is pointed out that a inferior quality of second hand T.V.set in the brand name of Philips has been sold to me in an exorbitant price by unfair trade practice depriving me to have a good quality T.V.sets for my use. Unfair trade practices and restrictive trade practice has been adopted by the trader M/s. Popular Agencies, Authorized Philips Dealer / Arakkonam and supplier M/s. Philips Electronics India Ltd., Chennai – opposite parties 1 & 2. The services availed and provided by the Authorized Service Agency M/s. Power Electronic, Vellore / Kancheepuram suffered from deficiency in all respects opposite party-3. The above activities of the supplier, trade and service provider which attracts the relevant provisions of the Act (i.e.) sub-section (1) (oo) of section 2 of Chapter 1 of Act No.68 of 1986 which states that they have supplied “spurious goods and rendered defective and deficiency in services”. Due to the above defective and deficiencies in the services on the supply of above Colour T.V.Set by the opposite parties, I have undergone mental agony and hardships and suffered loss and damages on all these days due to the negligence which should be compensated adequately by a sum of Rs.20,000/- only or as ordered by the Hon’ble Forum. In addition to incidental charges towards such as like stationeries, D.T.P. printing, Courier Service and Transport charges etc., for filing of case in the District Consumer grievances Redressal Forum at Vellore Rs.2500/- or as ordered by Hon’ble Forum. Cost of court charges should also be paid as ordered by the Hon’ble Forum. 3. The averments in the counters filed by the 2nd opposite party and adopted by the 3 opposite party is as follows: At the outset the opposite party No.2 denies each and every allegation, claim statement averment or submission made in the complaint, which is or may be inconsistent and or contrary with what is stated herein after as the same were specifically set out herein and traversed. The contents of the para-3.1. of the complaint are matter of facts and hence no comments required. One year global warranty has been provided from the date of purchase for the said set. When the opposite party received the complaint from the complainant they attended to the same and rectify the defects by replacing the required components to his satisfaction as per the warranty terms and conditions. The opposite party -2 is a leading manufacturer in Consumer Electronics and every product manufacture by them undergoes stringent quality test before they are introduced in market. In case if any defects arise during the offered warranty period, opposite party-2 will carry out necessary repairs at free of cost though their Authorized Service Network. The complainant registered the second complaint in the year April 2006, after the expiry of warranty period. Opposite party-2 promptly attended the complaint and informed the complainant about the repair charges which were high hence as a gesture of goodwill, opposite party No.2, decided to replace the said set at free of cost. In warranty period the service charges and the spare parts provided to the consumers are at free of cost, but after expiry of the warranty period, the service can be rendered only on chargeable basis. The said T.V.Set is not a defective and opposite party-2 received first complaint only on December 2005 which means the said set was working fine for more than eleven months. The opposite party-2 immediately attended the problem and rectified the defects and when the complainant registered second complaint i.e. after the expiry of warranty period. The opposite party-2 is a leading manufacturer in the Consumer Electronics field, the products manufacture by the opposite party-2 are not of any inferior quality as they undergo a stringent quality check before introducing in the market. Philips as a leading consumer oriented organization has replaced the said set at free of cost as they do not want their customer to suffer. Further the complainant was aware that the warranty period was only for one year as he himself visited the opposite party No.1 and selected the said product. The complainant is making baseless and wrong comments and also not giving any proof supporting his claim. The complainant is harping about the old set only even though we have replaced the said set with a new one. The opposite party No.2 denies the allegations of the complainant and submits that the opposite party No.1 has provided the warrant card to the complainant at the time of purchase which is a global warranty. The opposite party -2 never took any service charges from the complainant. The opposite party-2 has already replaced the old set with a new set by letter dt. 2.9.06. The opposite party-2 is ready to provide the 1 year warranty on the new set from the date of replacement. Therefore this complaint is to be dismissed without any costs. 4. Now the points for consideration are: (a) Whether there is any deficiency in service or unfair trade practice on the part of the opposite parties? (b) Whether the complainant is entitled to the reliefs asked for?. 5. Ex.A1 to Ex.A11 were marked on the side of the complainant and no documents were marked on the side of the opposite parties. Proof affidavit of the complainant and Proof affidavit of the opposite parties have been filed. No oral evidence let in by either side. 6. POINT NO. (a): The complainant contended that the complainant had purchased a colour Television Philips made 25th Flatron – Model-25 P.T. 3323/ 69 R with the chassis No.B2000450887182 for Rs.15990/- on 15.3.05 from the 1st opposite party, who is a Authorized Philips Dealer at Arakkonam. The said T.V. Set was not function from 31.10.05. and reported this matter to opposite party-1 on 1.11.05, the opposite party-3 T.V. Mechanic Thiru. M. Jagan has visited the complainant’s house on 9.11.05 and taken the P.C.B. Panel Board from T.V.Set for repairs and after repair restored it on 8.12.05. and on 17.4.06 the T.V. set went out of order. The complainant informed to the opposite party-1 on 18.4.06, and the opposite party-1 has arranged the said T.V. Mechanic Thiru.Jagan who attended on the above T.V. on 26.4.06 and stated that the I.C. a part with the T.V. has out of order and will be supplied on 2.5.06. Again the said T.V. Mechanic has visited the complainant’s house and attended on the said T.V. set and he is stated that he will take back the P.C.B. Panel Board for repairs at Kancheepuram or Vellore. Finally the said T.V. mechanic Tr. Jagan states that the coil in the picture tube has gone out of order and he informed to his Manager, through telephone. Again the said T.V. Mechanic has brought back yoke coil new one and replaced by removing the old one tried his level best for functioning of T.V. on 29.5.06. But the T.V. Set was not working. Therefore the said T.V. defective manufacture, inferior quality of components used by adopting unfair trade practice and the defective and poor quality T.V. Set have been supplied on higher rates to complainant. Due to the above defective and deficiencies in the services on the supply of above colour T.V.Set by the opposite parties the complainant had undergone mental agony, hardships and suffered loss and damages. 7. The opposite party contended that when the opposite party received the complaint from the complainant they arranged T.V. Mechanic of the 3rd opposite party and the T.V. Mechanic Thiru. Jagan attended to the same and rectify the defects by replacing the required components to the complainant satisfaction as per the warranty terms and conditions. The complainant registered the second complaint in the month of April 2006, after the expiry of warranty period, 3rd opposite party promptly attended the complaint and informed the complainant about the repair charges which were high, hence as a gesture of goodwill, opposite party No.2, decided to replace the said set at free of cost. 8. It is further contended that the opposite party-2 is a leading manufacturer in the Consumer Electronics field, the products manufacture by the opposite party-2 are not of any inferior quality as they undergo a stringent quality check before introducing in the market. After replaced the old T.V. set purchased by the complainant on 15.3.05 with a new one T.V.Set on 2.9.06. The complainant did not made any complaint about the new T.V.Set supplied by the opposite party-2. The complainant filed this petition on 12.9.06 without any complaint. 9. It is admitted fact that the Colour T.V.Set purchased from the opposite party-1 on 15.3.05 has worked up to 13.10.05. It is further admitted fact that based on the complaint by the complainant, the opposite party-1 has arranged the T.V. Mechanic Tr.M.Jagan from opposite party-3 Philips Service Centre and the said Mechanic attended on the said T.V. on 9.11.05 and taken the P.C.B. Panel Board from T.V.Set for repairs and on 8.12.05 restored the P.C.B. Panel board after repairs. The contention of the complainant that again the said T.V. went out of order on 14.7.06. and informed to the opposite party-1 on 18.4.06 and the opposite party-1 has arranged the T.V. Mechanic Thiru. .Jagan who attended on the said T.V. on 26.4.06 and stated that the I.C. a part with the T.V. has out of order. The said Mechanic again attended on the said T.V. on 4.5.06, 11.5.06 and on 29.5.06. Finally he stated the T.V. picture tube has gone out of order and require replacement. Thereafter the complainant sent a letter Ex.A7, dt. 9.6.06 to the 2nd opposite party stating that request to arrange to replace the existing (already supplied) defective Philips T.V. with a brand new one with proper warranty and provide necessary adequate compensation for mental agony. According to the opposite parties that the said T.V.set is not defective and the opposite party No.2 received from the 1st compliant only on December 2005 which means the said T.V.set was working fine for more than 11 months and the opposite party-2 immediately attended the problem and rectified the defects and when the complainant registered 2nd complaint i.e. after the expiry of warranty period the opposite party-2 never took any service charges from the complainant. After receiving the letter Ex.A7, dt. 9.6.06 and after received the entire service history of the product from their authorized Philips Service Centre at Vellore and as a gesture of goodwill, opposite party No.2,agreed to replace the product with a new 25th Faltron – Model-25 P.T. 3323 / 69 R and their authorized Philips Service Centre i.e. opposite party-1 to provide the replacing at complainant’s place. From the perusal of Ex.A10, letter dt. 29.8.06 sent by the opposite party-1 to the complainant stated that as per the complainant’s letter dt. 9.6.06, 24.7.06, 14.8.06 a company has decided to change a new T.V. which is kept in opposite party-1 shop premises with one year warranty from the date of your 1st purchase date kindly accept the new T.V. with chassis No.867000022789 kept in the opposite party-1 premises. The complainant in his Written Argument stated htat on 1.9.06 the opposite party No.1 & 3 have brought New Philips T.V.set 25” – Flatron Model – 25 P.T. 3323/69/R with new chassis No.8670 00022789 without issuing fresh Warranty card and the defective T.V.Set now under dispute has been taken away by the opposite parties No.1 & 3. Therefore, it is clear that the 2nd opposite party has supplied a new T.V.Set through their authorized dealer i.e. opposite party-1. Thereafter the complainant did not made any complaint about the new T.V.Set supplied by the opposite party1 & 2 on 1.9.06. After 10 days from the receipt of the new T.V.set without any complaint about the new T.V. set the complainant filed the complaint before this Forum on 11.9.06, the opposite party No.2 has complied the request made in the letters Ex.A7 to Ex.A9, by the complainant. Therefore the contention of the complainant that the opposite parties have supplied the defective T.V.Set and thereby committed deficiency in service is not acceptable. 10. Hence, taking all the above facts into consideration from the contention in the complaint and the counter, as well as proof affidavit of the both the parties, and from the documents Ex.A1 to A11, we have come to the conclusion that the complainant herein has not clearly proved the deficiency in service and unfair trade practice on the part of the opposite parties herein. Hence we answer this point (a) as against the complainant herein. 11. POINT NO : (b) In view of our findings on point (a), since, we have come to the conclusion that the complainant herein has not clearly proved the deficiency in service on the part of the opposite parties herein. We have also come to the conclusion that the complainant is not at all entitled to any relief asked for by him, in this complaint. Hence we answer this point (b) also as against the complainant herein. 12. In the result this complaint is dismissed. No costs. Dictated to the Steno-typist and transcribed by her, corrected and pronounced by the President, in Open Forum, this the 29th day of September. 2010. MEMBER-I MEMBER-II PRESIDENT. List of Documents: Complainant’s Exhibits: Ex.A1 – 15.3.05 - X-copy of Cash Bill. Ex.A2- -- - X-copy of Service Report Popular Agencies Arakkonam to Philips Service Centre, Kancheepuram. Ex.A3- -- - X-copy of Mechanic’ Service Report. Ex.A4- -- - X-copy of Mechanic Service Report. Ex.A5- -- - X-copy of Mechanic Service Report. Ex.A6- -- - X-copy of Advertisement in Hindu Paper. Ex.A7- 9.6.06 - X-copy of letter from the complainant to the Philips Electronic (India) Ltd., Chennai. Ex.A8- 24.7.06 - X-copy of letter from the complainant to the Philips Electronic (India) Ltd., Chennai. Ex.A9- 14.8.06 - X-copy of letter from the complainant to the M/s Popular Agencies, Arakkonam. Ex.A10- 29.8.06 - X-copy of letter by Popular Agencies, Arakkonam to the complainant. Ex.A11- 2.9.06 - X-copy of letter from the Philips Electronics India Ltd., To the complainant. MEMBER-I MEMBER-II PRESIDENT.
| | [ Hon'ble Tmt G.Malarvizhi, B.E] MEMBER[ Hon'ble Thiru A.Sampath, B.A., B.L] PRESIDENT[ Hon'ble Tr K.Dhayalamurthy, Bsc] MEMBER | | 
