Kerala

Idukki

CC/187/2018

George Varghese - Complainant(s)

Versus

Manager Bismi appliances - Opp.Party(s)

28 Jun 2019

ORDER

DATE OF FILING : 11.10.2018

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 28^th day of June, 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT. ASAMOL. P MEMBER

CC NO.187/2018

Between

Complainant : George Varghese,

Thottipparambil House,

Karimannoor P.O.,

Pallickamuri, Thodupuzha, Idukki.

(By Adv: K.M. Sanu)

And

Opposite Parties : 1. The Manager,

Bismi Home Appliances,

Kalarickal Bazar,

Pala Road, Thodupuzha,

Thodupuzha P.O., Idukki.

2. The Manager,

Micro Max Regional Office,

Arjay Associates, 1^st Floor,

Kocheneth Building,

Banerji Road, Palarivattom, Kochi.

O R D E R

SMT. ASAMOL. P, MEMBER

 

Case of the complainant is that :

 

The complainant purchased an LED Television for Rs.14,900/- from the 1^st opposite party on 20.6.2018. The 2^nd opposite party is the manufacturer of the television. At the time of purchasing, the 1^st opposite party agreed that the TV has high quality and long term use with 1 year warranty. The complainant believing the words of the 1^st opposite party, purchased the above said TV. On the day itself, the TV fixed at the wall of the home by the technician of 1^st opposite party. But after one month, the TV screen was faulted. The complainant informed the 1^st opposite party and also he demanded to replace the TV with new one. 1^st opposite party registered a complaint as 322607182068279 to the 2^nd opposite party. But they inspected the TV only after one month. But they did not take any remedial steps till the date. So the complaint is filed against the unfair trade practice and deficiency in service happened on the part of the opposite parties in selling a defective TV set and for

(cont.....2)

- 2 -

getting relief from the opposite parties such as either refund the price of the product or replace with new television.

 

Notice served to the opposite parties. But they did not appear before the Forum. Hence they made exparte.

 

No oral evidence adduced by the complainant. The bill issued by the opposite party for the purchase of TV is marked as Ext.P1.

 

The point 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 :- The complainant alleges that the opposite parties sold an LED TV with one year warranty to the complainant. Complainant produced the Ext.P1 bill before the Forum. It is clear that the opposite party sold the LED TV to the complainant. Notice served to the opposite parties. But they did not appear before the Forum. So they called absent and set exparte.

 

Hence the petition allowed. The Forum directs the opposite parties 1 and 2, either to refund the price of the Television or to replace the damaged Television with a new one and also directed to pay Rs.3000/- as compensation and Rs.2000/- as cost of the petition, within 30 days of 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 28^th day of June, 2019

Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

Sd/-

SMT. ASAMOL. P., MEMBER

 

 

Forwarded by Order,

APPENDIX

Depositions :

Nil. SENIOR SUPERINTENDENT

Exhibits :

On the side of the Complainant :

Ext.P1 - bill issued by the opposite party for the purchase of TV.

On the side of the Opposite Party : Nil.