IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
Dated this the 4th day of May 2018
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President
Sri. M.Praveen Kumar,Bsc, LL.B ,Member
CC.No.211/2017
S.Mohanan Pillai : Complainant
S/o Sivasankara Pillai
Valavil Veedu, Murunthacherry, Perinad P.O
Thrikkadavur village, Kollam-691601
[By Adv.P.R.Jayachandran]
V/s
Managing Director : Opposite party
Mithra Cable, Kadavur, Perinad P.O
Kollam-691601
ORDER
E.M.MUHAMMED IBRAHIM , President
This is a consumer complaint filed Under Section 12 of the Consumer Protection Act by one Mr. Mohanan Pillai against the opposite party seeking to reconnect Cable connection with set top box along with 1 year warranty or to refund the amount of Rs.2100/- with interest and also to pay compensation to the tune of Rs.1,00,000/- for the deficiency in service on the part of the opposite party.
The averments in the complaint in short are as follows.
The complainant on 13.08.16 has obtained Cable TV connection along with set top box from the opposite party institution by paying Rs.2100/-. The opposite party has given warranty for 1 year to the Set top box installed while giving cable TV connection . But on 30.06.17 the working of the set top box has been ceased. The complainant on the very next day itself intimated the fact to the opposite party by reaching at the office. There up on the opposite party directed the complainant to bring the set top box. Accordingly on 2.07.17 the complainant brought the set top box to the office of the opposite
2
party. By receiving that defective set top box, the opposite party made the complainant to believe that the set top box will be substituted and set right the cable connection. But the opposite party has not done anything as promised even after the expiry of 1 month.Thereafter when the complainant approached the opposite party at his office, he stated lame excuses stating that new set top box has not arrived. The opposite party is duty bound to verify the cable
TV connection and set top box occasionally and set right the defects. But he has not visited the premises and not inspected the cable TV connection and set top box and therefore it has become defective. According to the complainant the above act of the opposite party amounts to deficiency in service and unfair trade practice. Apart from the financial loss the complainant has sustained mental agony as the complainant and his family members could not view the day today TV programmes and therefore the opposite party is liable to pay compensation to the complainant. The complainant further prays to install cable TV connection with 1 year extended warrantee by replacing the old and defective set top box. The complainant caused to send lawyer notice on 17.08.17. The opposite party received the same. But till date the opposite party has not set right the defects. Hence the complaint.
Though notice was served on the opposite party he remains absent nor filed any version. Hence the opposite party set exparty.
Complainant filed affidavit by reiterating the averments in the complaint and also got marked Ext.P1 to P5 documents. Heard the counsel for the complainant and perused the records. The unchallenged averments in the affidavit coupled with Ext.P1 Membership card, Ext.P2 warranty paper for set top box and Ext.P3 to P5 copy of the lawyer notice , Postal receipt and Postal
3
Acknowledgement Card would substantiate the case of the complainant. Therefore the complainant is entitled to get the reliefs as prayed for.
In the result the complaint stands allowed in the following terms.
The opposite party is directed to reconnect the cable connection along with a new set top box granting 1 year extended warranty failing which the opposite party is directed to return Rs.2100/- along with 12% interest for the said amount from 13.08.2016 till the date of payment.
The opposite party is also directed to pay compensation to the tune of Rs.10,000/- to the complainant with interest @12% per annum from the date of complaint.
If the opposite party fails to comply with the above directions within 30 days as ordered above the complainant is allowed to realise Rs.12,100/- with interest at the rate of 12% per annum from 13/08/2016 and Rs.3000/- as costs from the opposite party personally and from the assets of Mithra Cable, Kadavoor.
Dictated to the Confidential Assistant Smt.Deepa.S transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 4th day of May 2018.
E.M.Muhammed Ibrahim:Sd/-
President
M.Praveen Kumar:Sd/-
Member
Forwarded/by Order
Senior Superintendent
4
INDEX
Witnesses Examined for the Complainant:-Nil
Documents marked for the complainant
Ext.P1 : Membership Card
Ext.P2 : User manual
Ext.P3 : Advocate Notice
Ext.P4 : Postal receipt
Ext.P5 : Acknowledgement Card
Witness examined for the opposite party:-Nil
E.M.Muhammed Ibrahim:Sd/-
President
M.Praveen Kumar:Sd/-
Member
Forwarded/by Order
Senior Superintendent
