By. Smt. Bindu. R, President:

                This complaint is filed by Tinto. K. V, S/o. Varghese, Kulingattil House, Thrikkaipatta Post, Vythiri Taluk, Wayanad against MI Store, Kalpetta and others alleging deficiency of service and unfair trade practice.

            2.  The Complainant states that the 1^st Opposite Party is the dealer,  2^nd Opposite Party is the manufacturer and the 3^rd Opposite Party is the authorized service centre of MI LED TV.  The case of the Complainant is that he had visited the 1^st Opposite Party shop on 26.08.2020 for purchasing a television and the 1^st Opposite Party informed the Complainant that MI LED TV is one of the best television sets available in the market and believing the same the Complainant purchased the said TV on payment of Rs.30,999/- and was installed at the residence of the Complainant on the next day.  The 1^st Opposite Party assured the Complainant that the Company will repair the set or replace the same if there exists any complaints to the TV during the warranty period and it was told that all the warranty services will be done by the service centre.  When black spots were noticed in the screen of the TV, the Complainant took the TV to the 1^st Opposite Party and as directed by them he took the same to the 3^rd Opposite Party on 12.05.2022 and the set was replaced by another set.  After two months, while vertical lines were appeared in the screen and hence the TV was again taken to the 3^rd Opposite Party on 20.07.2022.  TV set was again replaced by another set, but the said TV also showed no display at all which was also replaced by the Opposite Parties, according to the Complainant.  The Complainant states that on 18.11.2022, the Complainant had given the TV for service to the 3^rd Opposite Party who had informed the Complainant to replace the TV with a new one on payment of cash, since the warranty period is over and the instant TV cannot be repaired.  The Complainant states that the TV set was given to the 3^rd Opposite Party for service for the first time on 24.05.2022, within the warranty period and the Opposite Party replaced the set with another old set during the entire warranty period, knowing that the TV set cannot be repaired and the Opposite Parties waited for expiry of the warranty period.  The Complainant states that the TV set could not be used after 24.05.2022, when the same was given for service for the 1^st time.  Hence the Complainant states that the TV purchased by the Complainant had manufacturing defect and the same cannot be repaired at all.  According to the Complainant, since the defect was informed to the Opposite Parties within the warranty period, the Opposite Parties are liable to replace the defective set by a new one.  Since the Complainant purchased the TV by spending huge amount and the Complainant could use the same for a limited period, there is omission on the part of the Opposite Parties in not replacing the same with a new one and hence the Opposite Parties are liable for deficiency of service and unfair trade practice and hence the Complainant is praying for a direction to the Opposite Parties to replace the defective TV with a new one of the same model and for other reliefs.

            3.  Upon notice 1^st Opposite Party had not appeared and 2^nd Opposite Party appeared through Counsel but not filed version and hence both 1^st and 2^nd Opposite Parties were set ex-parte.

            4. The Complainant filed chief affidavit and Exts.A1 to A4 series which are marked.

            5. Heard the Complainant and perused the records.  Ext.A1 is the Invoice which shows that the Complainant purchased MI LED TV 4X 50 inch bearing No.22231/121100032858 for Rs.30,999/- on 26.08.2020.  Ext.A2 series evidences that the said set was given to the Service Centre, Metrix Communications, Kalpetta on three occasions viz 12.05.2022, 14.06.2022 and 02.07.2022.  Ext.A3 is the Email communication sent to the Sales Service head, Wayanad and Ext.A4 series is the replacement invoice. 

            6. In this case the following points are to be considered by the Commission.

1. Whether the Complainant had proved deficiency of service and unfair trade practice from the side of the Opposite Parties?
2. If proved, compensation and costs to be awarded to the Complainant.

7.  The specific case of the Complainant is that the Complainant purchased MI LED TV on 26.08.2020 from the 1^st Opposite Party and finding the appearance of black dots on the screen and as per the advice of the 1^st Opposite Party, the TV was taken to the service centre on 12.05.2022.  According to the Complainant, the TV was taken to the service centre somany times even thereafter and the 3^rd Opposite Party attended and replaced the TV.  According to the Complainant the 3^rd Opposite Party was waiting to complete the warranty period and lastly they intimated the Complainant that the TV cannot be repaired since the warranty period is over and advised to purchase a new one on payment of money exchanging the old one.  The documents and evidences reveals that the Complainant had informed the defect of the TV to the 1^st Opposite Party and the TV set was taken to the 3^rd Opposite Party service centre before the expiry of the warranty period and was attended by the 3^rd Opposite Party service centre many times.  It is after the expiry of the warranty period that the 3^rd Opposite Party informed the Complainant to exchange the TV since the same cannot be repaired.  Considering the facts of the case the Commission feels that 1^st and 2^nd Opposite Parties had not contested in the case by filing version and thereafter, since they are aware that the TV had some manufacturing defect. The Complainant had stated that the TV supplied by the Opposite Parties has become defective for multiple times and the Opposite Parties have replaced it with new one.  From this it is evident that the TV is having manufacturing defect which is proved from the recurring defects shown even by the replaced TVs.  Hence Point No.1 is established by the Complainant and therefore Point No.2 is decided accordingly. 

8.  On the basis of the submission made by the Complainant that he is not claiming any relief against 3^rd Opposite Party they are exonerated from the liability and the following Orders are passed.

1. The 2^nd Opposite Party who is the manufacturer is directed to give a brand new TV of the same model with good working condition to the Complainant free of cost.
2. An amount of Rs.10,000/- (Rupees Ten Thousand Only) shall be paid to the Complainant as compensation.
3. 1^st and 2^nd Opposite Parties are liable to pay Rs.3,000/- (Rupees Three Thousand Only) towards cost of the proceedings to the Complainant.

The 1^st and 2^nd Opposite Parties are jointly and severally liable to pay the compensation and costs to be paid to the Complainant and the same is to be paid within one month of the receipt of the copy of this Order.  If the Order is not complied with as directed the 1^st and 2^nd Opposite Parties are liable to pay interest @ 6% for the amount awarded as compensation from the date of Order till the date of realization.

Hence Consumer Case is partly allowed.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 5^th day of October 2023.

Date of Filing:-15.02.2023.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

APPENDIX.

Witness for the Complainant:-

PW1.              Tinto. K. V.                                       Business.

Witness for the Opposite Parties:-

Nil.

Exhibits for the Complainant:-

A1.                  Copy of Invoice.                             Dt:26.08.2020.

A2(Series).   Service Order (3 Numbers).

A3.                  Copy of Email Communication.

A4(Series).   Replacement Invoice (2 Numbers).     

Exhibits for the Opposite Parties:-

Nil.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

/True Copy/

                                                                                                                  Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-