Kerala

Thiruvananthapuram

CC/19/492

Magalanadan - Complainant(s)

Versus

Manager,PE Electronics(P)ltd - Opp.Party(s)

08 Sep 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

                              SRI.P.V.JAYARAJAN              : PRESIDENT

                          SMT.PREETHA G NAIR         : MEMBER

                          SRI.VIJU.V.R                          : MEMBER

CC.NO.492/19 (Filed on: 31/12/2019)

ORDER DATED: 08/09/2023

COMPLAINANT

Mangalanandhan,

S/o.Kuttan Panicker,

Edayila Mulavancode,

Anavoor, Anavoor.P.O

Neyyattinkara,

Thiruvananthapuram – 695 124

(Party in person)

                                                          VS

OPPOSITE PARTIES

1. The Manager,

PE Electronics Ltd,

Auto Cars Compound,

Adalat Road, Aurangabad – 431005

2. The Manager,

Supriya Agencies,

NMC XII/826,

Opposite Akshaya Shopping Complex,

Main Road, Neyyattinkara,

Thiruvananthapuram – 695121

(OP2 by Adv.C.Lawrence)

ORDER

SRI.VIJU.V.R                 : MEMBER

1.       The complainant has presented this complaint before this Commission under section 12 of the Consumer Protection 1986. The brief facts of the case is that the complainant purchased an 39 inch LED TV from the second opposite party for an amount of Rs.26,900/- (Rupees twenty six thousand nine hundred only) on 10/09/2016. After the purchase of the TV it was noted that some lines were seen on the screen and due to these lines the visuals were not clear. The complainant approached the second opposite party for repairing the TV, as the TV has got five years warranty. But they have not repaired the TV. The second opposite party has not repaired the TV even though the TV has got five years warranty. The act of the opposite parties 1 & 2 amounts to deficiency in service, hence this complaint.

2.       Even though the opposite parties 1 & 2 received notice, first opposite party did not appeared before this commission and hence OP1 was set exparte. OP2 appeared before this commission and filed version. It is averred by OP2 that the company has given only 12 months warranty to the TV. The warranty card and user manuals were given to the complainant. Additional warranty will be given only on festival seasons, that also will be given to the selected models. Usually the additional warranty will be for two years. There is no provision for five years warranty. The complainant’s TV has got only one year warranty. The complainant’s TV has not got five years warranty as claimed by him.There is no deficiency in service from the side of second opposite party, hence complaint may be dismissed with compensatory cost.

3.       Issues to be ascertained:

i. Whether there is any deficiency in service from the side of opposite parties     1 & 2 ?

ii. Whether the complainant is entitled to get the reliefs?

4.       The complainant has filed proof affidavit and has produced two documents which were marked as Exts.P1 and P2. The second opposite party has not filed proof affidavit. It can be seen from Ext.P1 that the complainant has purchased the TV from the second opposite party for an amount of Rs.26,900/- (Rupees twenty six thousand nine hundred only). But on going through Ext.P2 it can be seen that the TV has got only 12 months warranty. The complainant has not produced any evidence to show that the malfunctioning of the TV has occurred within one year from the date of purchase and also there is no evidence to prove that the TV has got five years warranty. So it is not proved by the complainant that the malfunctioning of the TV has occurred within the warranty period. The opposite parties 1 & 2 are not bound to service the TV free of cost after the warranty period. There is no deficiency in service from the side of the opposite parties 1 & 2.

                   In the result, the complaint is hereby dismissed. Parties shall bear their own cost.

                  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 Commission, this the 8^th day of September 2023.

 

 

                                                                                 Sd/-

P.V.JAYARAJAN   : PRESIDENT

 

                                                                                           Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                                 Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

 

Be/

INDEX

CC.NO.492/19

List of witness for the complainant

PW1                      - Mangalanandhan

List of Exhibits for the complainant

Ext.P1                   - Copy of invoice dated 10/09/2016

Ext.P2                   - Copy of warranty

List of witness for the opposite parties – NIL

List of Exhibits for the opposite parties – NIL

Court Exhibits                                               - NIL

 

                                                                                            Sd/-

                                                                                   PRESIDENT