DATE OF FILING : 20.8.2018

IN THE CONSUMER DISPUTES  REDRESSAL FORUM, IDUKKI

Dated this the  30th  day of  January,  2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT. ASAMOL. P    MEMBER

CC NO.160/2018

Between

Complainant       :   Dominic Abraham,

Kadukummackal House,    

Thudanganadu P.O.,

Muttam, Thodupuzha, Idukki.

(By Adv:  K.M. Sanu)

And

Opposite Parties                                          :   1.  The Manager,

       Bismi Appliances,

       Kalarickal Bazar, Thodupuzha, 

       Thodupuzha P.O., Idukki. 

  2.  The Manager,

       Philips Electronics Ltd.,

       Ground Floor, Techweb Centre,

       New Link Road, Oshiwara. 

 

O R D E R

 

SRI. S. GOPAKUMAR, PRESIDENT

 

Case of the complainant is that,

 

Complainant purchased an LED TV from 1st opposite party, the authorised dealer of 2nd opposite party on 27.8.2015 by paying Rs.18000/-.  For the protection of this TV, complainant purchased a Voltage Stabilizer also from the 1st opposite party by paying Rs.1500/- on the same day itself.  In return of the payment, 1st opposite party issued bill and warranty card of the TV.  As per the warranty card, the TV covers 3 years warranty from the date of purchase.  While so, from the end of May 2018 onwards, the TV shown complaint in functioning and the matter was intimated to 1st opposite party and for that, 1st opposite party registered a complaint with 2nd opposite party on 7.8.2018 as coco706180077.  Thereafter one technician of the 2nd opposite party inspected the TV and found that its panel board is damaged.  After his inspection, the TV totally damaged.  

(cont....2)

-  2  -

The technician made the complainant believe that, he will replace the damaged board on its availability.  But till the date of filing  the complaint, opposite   party has not cared to cure the defects of the TV.  Alleging deficiency in service against the opposite party, complainant filed this petition seeking relief such as to direct the opposite party to cure the defect of the TV or else return the purchase price along with cost and compensation.

 

Notice from the Forum is served to the 1st opposite party and the notice to 2nd opposite party returned unserved.  Complainant took steps to the 2nd opposite party in their address which is stated in the warranty card.  Hence the Forum is of a firm belief that 2nd opposite party intentionally returned the notice.  Evenafter serving of the notice, opposite parties are not turned up to appear before the Forum to contest the matter.  Hence opposite parties set exparte.  

 

Exparte evidence adduced by the complainant by way of proof affidavit and documents.  Documents such as a bill dated 27.8.2015 issued by the 1st opposite party and warranty card issued by the opposite party are marked as Exts.P1 and P2 respectively.

 

Heard.  

 

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties and if so, for what relief the complainant is entitled to ?

 

The POINT :-  We have heard the counsel for the complainant and have perused the evidence or records.  It is an admitted fact that the TV in question is damaged in its warranty period and opposite parties are liable to cure the defect to the satisfaction of the complainant or else replace it to a new one or return the purchase amount to the complainant.  None of the allegation against the opposite parties are challenged by them.

 

Hence the Forum is of a considered view that, the averments in the complaint is believable and hence complaint allowed.  1st and 2nd opposite parties are directed to repair the TV to the satisfaction of the complainant 

(cont....3)

-  3  -

or else repay an amount of Rs.15000/- being the value of the TV along with Rs.2000/-  cost of the complaint,  within 30 days  from the receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default, till its realisation.  

 

Pronounced in the Open Forum on this the 30th day of January, 2019

 

  Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

  Sd/-

      SMT. ASAMOL. P,  MEMBER

 

 

APPENDIX

Depositions :

On the side of the Complainant :

PW1               -   Dominic Abraham. 

On the side of the Opposite Party :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1            -   bill dated 27.8.2015 issued by the 1st opposite party.

Ext.P2            -  warranty card issued by the opposite party.

On the side of the Opposite Party :

Nil.

 

 

        Forwarded by Order,

 

 

 

         SENIOR SUPERINTENDENT