2,8,08 O R D E R<br /> Smt.K.P.Preethakumari, Member<br /> <br /> This is a complaint filed under section12 of the consumer protection Act for an order directing the opposite party to refund the price of the Samsung CTV with compensation and cost.<br /> The complainant’s case is that, he had purchased a Samsung CTV from the opposite party on 25.8.06 worth Rs.12444.44 along with a Stabilizer worth Rs.1422.22 with VAT charge of Rs.1, 733.34 and the opposite party offered one Year guarantee by issuing warranty card. But irrespective of the assurance, the picture tube of the TV became defective and hence he approached the opposite party for replacing the same. At that time opposite party agreed to repair the same and asked the complainant to collect it after one week and he had collected the same as assured. But it was returned without repairing and curing the defect. Because of this he again approached the opposite party and demanded either to replace the TV or to refund the price of the same. But instead of giving the opposite party abused the complainant in front of others. Later the complainant had issued a registered lawyer notice and the opposite party had not even replied it. Hence this complaint.<br /> On receiving this complaint, notice was issued to the opposite party. Even though he had acknowledged the same did not turn up or filed version. He was thus called absent and set exparte. <br /> On the above pleadings the following issues are raised for consideration:<br /> 1. Whether there is any deficiency in service on the part of the opposite party?<br /> 2. Relief and cost?<br /> The evidence consists of affidavit filed by the complainant in lieu of chief examination and Exts.A1 to A5.<br /> <br /> Issue No.1 & 2<br /> From Exhibits A1 and A2, it is evident that the complainant had purchased the TV from the opposite party with one year guaranty. The chief affidavit along with exhibits shows that the TV became defective within the warranty period and opposite party had shown reluctance in repairing the same, even though he had promised to do so. Hence we are of the opinion that there is deficiency in service on the part of the opposite party and hence he is liable to compensate the complainant by refund of Rs.12444/- as the value of the TV with Rs.500/- being the cost of these proceedings. These issues are answered in favour of the complainant.<br /> <br /> In the result, the complaint is allowed partly directing the opposite party to refund the price of the TV ie.Rs.12444/- (Rupees Twelve thousand Four hundred and forty four only) with a cost of Rs.500/- (Rupees five hundred only) to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite party under the provisions of the consumer protection Act. The damaged TV shall be returned to opposite party on receiving the amount by the complainant.<br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> <br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Invoice issued by OP dt.25.8.06<br /> A2.Warranty card<br /> A3.Copy of the lawyer notice dt.24.8.07 sent to OP<br /> A4& A5. Postal receipt and postal acknowledgement card<br /> Exhibits for the opposite party<br /> Nil<br /> Witness examined for either side<br /> Nil<br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br /> <br />