DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Thursday the 11th day of July 2024
CC.19/2023
Complainant
Sheheena Sameer,
Pulinjoli Kunnummal,
Kayanna Post, Perambra (via),
Kozhikode.
Opposite Parties
- Manager,
MyG Electronics,
T.B. Road, Perambra,
Perambra (PO) – 673 525.
- Manager,
MyG Electronics,
Carion Virtue building,
Mini Bypass Road, Puthiyara,
Kozhikode.
- Radient Appliances & Electronics Pvt Ltd,
Surya No. 111, 112, S-2A-1,
Ecity Fabcity,
Maheswaram Mandal,
Raviryala Village, Rengareddy,
Thelungana – 501141.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT.
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 10/05/2022 the complainant and her husband Sameer purchased One Plus LED TV from the show room of the first opposite party paying Rs. 15,500/-. The said TV was manufactured by the third opposite party. The TV was installed in their house by the technicians of the first opposite party.But within 10 days of installation, the TV ceased functioning. Though the complaint was reported to the first opposite party, there is no positive response. They were cheated by the opposite parties. The opposite parties have not taken any steps either to repair the TV or replace the same with a new one. Hence the complaint for refund of the purchase price of Rs. 15,500/- along with compensation and cost of the proceedings.
- The opposite parties were set ex-parte.
- The points that arise for determination in this complaint are; 1) Whether there was any unfair trade practice or deficiency of service on the part of the opposite parties, as alleged?
2) Reliefs and costs.
- PW1 was examined and Ext A1and A2 were marked.
- Heard.
- Point No 1: The complainant has approached this Commission with a grievance that the TV manufactured by the third opposite party which she and her husband purchased from the first opposite party ceased working within 10 days of installation and the opposite parties failed to redress her grievance despite repeated requests. The prayer is for refund of the price along with compensation.
- PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the tax invoice dated 10/05/2022 issued by the first opposite party and Ext A2 is the authorisation letter.
- The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version and contest the case. The opposite parties have not adduced 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. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Ext A1.
- The act of the first and third opposite parties in selling a defective TV and their further neglect to address the concerns of the complainant over the product amount to unfair trade practice and gross deficiency of service. The opposite parties one and three are bound to repair/service the TV and make it in a sound working condition, or else, refund the price of the TV to the complainant. The complainant was not able to watch the TV purchased spending Rs. 15,500/-. Undoubtedly, the indifferent attitude and inaction on the part of the first and third opposite parties has caused mental agony and hardship to the complainant, for which, she 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 reasonable compensation in this regard.
- There is no allegation against the second opposite party either in the complaint or in the proof affidavit filed by the complainant. Hence the second opposite party is entitled to be exonerated. The first and third opposite parties are jointly and severally liable.
- Point No. 2:- In the light of the finding on the above points, the complaint is disposed of as follows;
a) CC.19/2023 is allowed in part.
b) The first and third opposite parties are hereby directed to repair/service the One Plus LED TV (sold as per Ext A1) within 30 days of the receipt of copy of this order, or else, refund the purchase price of Rs. 15,500/- (Rupees fifteen thousand five hundred only) to the complainant, after taking back the TV. It is made clear that the complainant shall not be required to pay any charges for the said repair.
c) The first and third opposi te parties are directed to pay a compensation of Rs. 5,000/- (Rupees five thousand only) to the complaint for the mental agony and inconvenience suffered, within 30 days of the receipt of copy of this order, failing which, the amount shall carry an interest of 9% per annum from date of this order till actual payment.
d) No order as to costs.
Pronounced in open Commission on this, the 11th day of July, 2024.
Date of Filing: 16/01/2023
Sd/- Sd/-
PRESIDENT MEMBER
APPENDIX
Exhibits for the Complainant :
Ext A1 – Tax invoice dated 10/05/2022 issued by the first opposite party.
Ext A2 - Authorisation letter.
Exhibits for the Opposite Party
NIL
Witnesses for the Complainant
PW1 - Sheheena Sameer (Complainant)
Witnesses for the opposite party
NIL
Sd/- Sd/-
PRESIDENT MEMBER
True Copy,
Sd/-
Assistant Registrar.
