Kerala

Thiruvananthapuram

CC/149/2021

Mahendralal.N - Complainant(s)

Versus

Manager,Mayoori Furniture - Opp.Party(s)

25 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

 

PRESENT

                               SRI.P.V.JAYARAJAN              : PRESIDENT

                               SMT.PREETHA.G.NAIR   : MEMBER

                               SRI.VIJU.V.R.                : MEMBER

CC .No.149/2021 (Filed on : 03.04.2021)

ORDER: 25.06.2022

 

COMPLAINANT

          Mahendralal.N

          Mohanavilasam,

          Vazhamuttom,Pachallur.P.O

          Trivandrum - 695027

           (Party in person)

                                                          VS

OPPOSITE PARTY

          The Manager,

          Mayoori Furniture Electronic and Home Appliances,

           Manacaud.P.O, Trivandrum – 695009

          (Exparte)

ORDER

SRI. VIJU  V.R.   :  MEMBER

 

  The complainant has presented this complaint before this Commission under section 12 of the Consumer Protection Act 1986, alleging that he had purchased a Spanio 24 inch TV from opposite party’s shop on 13/12/2020. When the complainant brought it home & operated it, he heard only noise & it became non functional within two seconds. The complainant informed all these things to the manager of the opposite party & returned the TV to the opposite party on 31/12/2020. But the opposite party haven’t given a new TV nor repaid the amount of the TV to the complainant.  The act of opposite party amounts to deficiency in service, hence this complaint.

    Even though the opposite party received notice, the opposite party did not appear before this commission and opposite party was set exparte.

Issues to be ascertained:

1. Whether there is deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) and (ii)

         The complainant had filed affidavit in-lieu of chief examination and has produced 3 documents which were marked as Ext. P1 to P3. It can be seen from Ext P1 that the complainant has purchased the TV from the opposite party & also returned it to the opposite party on 31/12/2020 &from Ext P2 it is clear that there is 24 months warranty to the TV from the date of purchase. The opposite party did not turn up.  Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence put forth by the complainant.  The opposite party is bound to replace the TV or repay the amount received from the complainant. But they haven’t done that. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case & there is deficiency in service from the side of opposite party. Hence the opposite party is liable to compensate the complainant.

         In the result, the complaint is allowed.  The opposite party is directed to repay Rs 6000/- with 6 % interest per annum from 13/12/2020 and pay Rs.10,000/- as compensation to the complainant for the mental agony suffered by the complainant and Rs.2,500/- towards the cost of the proceedings within one month from the date of receipt of this order failing which Rs 10,000/- will carry an interest  @ 9% per annum from the date of order till realisation.

                     A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

 

                       Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 25^th day of June 2022.

 

                                                                               Sd/-

P.V.JAYARAJAN         : PRESIDENT

 

                                                                                           Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                             Sd/-

VIJU.V.R   : MEMBER

 

 

 

 

 

 

 

 

 

Be/

 

 

 

 

 

 

APPENDIX

 

CC.NO.149/2021

 

List of witness for the complainant

 

PW1           - Mahendralal.N

 

Exhibits for the complainant

 

Ext.P1         - Copy of bill

 

Ext.P2         - Copy of warranty card

 

Ext.P3         - Copy of advertisement

 

List of witness for the opposite party  - NIL

 

Exhibits for the opposite party           - NIL

 

Court Exhibits                                   - NIL

 

 

 

 

                                                                                             Sd/-

PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE DISTRICT

 CONSUMER DISPUTES

REDRESSAL COMMISSION

VAZHUTHACAUD

THIRUVANANTHAPURAM

 

 

CC .No.149/2021

ORDER: 25.06.2022