Between:

Sandhya Rani,

D/o B.Guruswamy,

H.No.39/134, Park Road,

Kurnool – 518 001.                                                                        …Complainant

                                                    -Vs-      

1. M/s Khaleel Electronics

   By its Proprietor,

   Shop No.40/384-A-10,

   Bhagirathi Complex,

   Opp. Kids World, Park Road,

   Kurnool – 518 001.

2. Friends Electronics,

   Represented by its Proprietor,

   Shop No.18, Bhupal Complex,

   Park Road,

   Kurnool – 518 001.                                         ...Opposite ParTies

This complaint is coming on this day for orders in the presence of Sri P.Siva Sudarshan, Advocate for complainant and opposite parties 1 and 2 called absent and upon perusing the material papers on record, the Forum made the following.

  ORDER

(As per Smt. S.Nazeerunnisa, Lady Member)                                                             C.C. No.25/2012

1.     This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying:-

(a)          To direct the opposite parties to return price of the Television of Rs.5,990/- with interest at the rate of 24% per annum from the date of purchase of Television i.e.,               06-11-2007 till the date of payment to the complainant (or) to replace the another Television of similar description;

(b)          To grant a sum of Rs.10,000/- for mental agony;

(c)           To grant costs of this complaint;

   And

(d)          To grant any other relief as the Honourable Forum deems fit and proper in the circumstance of the case.

2.    The case of the complainant in brief is as under:- The complainant purchased Television Model VC TV 5510 RSP on 06-11-2007 vide invoice No.2146 from opposite party No.1 for Rs.5,990/-.  Opposite party No.1 issued a warranty card for a period of three years from the date of purchase.  The complainant made use of Television.  Several problems arose in T.V. and that there is no picture and sound in the Television.  The opposite party No.2 is the authorized service dealer of Videocon Television.  The complainant informed the same to opposite party No.2 through opposite party No.1.  Opposite party No.2 rectified the defects and repaired it, but it was not useful.  Again it was not functioning properly.  Hence on 01-11-2010 the complainant handed over it to opposite parties for services, as it was under warranty period.  The opposite parties did return it to the complainant.  The complainant got issued legal notice on 01-12-2010 to opposite parties and demanded to replace the Television with new one or to refund the price of it, but the opposite parties did not respond.  Due to the unfair trade practice of opposite parties and cheating by selling low standard material, the complainant suffered mental agony.  Hence the complaint.

3.     Opposite parties called absent. 

4.     On behalf of the complainant Ex.A1 to A4 are marked and sworn affidavit of the complainant is filed.

5.     Complainant filed written arguments.

6.     Now the points that arise for consideration are:

                     i.        Whether there is deficiency of service on the part of Opposite Parties?

                    ii.        Whether the complainant is entitled for the reliefs as prayed for?

                  iii.        To what relief?

7.      POINTS i to iii:-  It is the case of the complainant that she  purchased Television model V.C. T.V. 5510 RSP on 06-11-2007 from opposite party No.1 for Rs.5,990/-.  The complainant in her sworn affidavit clearly stated about the purchase of Television by her on 06-11-2007 for Rs.5,990/- from opposite party No.1.  The complainant also filed Ex.A1 receipt showing the purchase of the said Television for Rs.5,990/- on 06-11-2007 from opposite party No.1.  Ex.A2 is the warranty card issued by opposite party No.1 in favour of the complainant.  The warranty is three years from the date of purchase.  The complainant faced Audio and Video problems in the said Television.  She informed the same to opposite party No.2 through opposite party No.1.  Opposite party No.2 repaired the Television but it was not useful.  Again and again the said Television was not functioning properly.  Hence on 01-11-2010 she handed over it to opposite party No.2 for services as it was under the warranty period.  The said fact was also stated by the complainant in her sworn affidavit.

8.     As seen from Ex.A1 and Ex.A2 it is clear that the complainant purchased V.C. T.V. 5510 RSP from opposite party No.1 on 06-11-2007, and opposite party No.1 issued warranty card in favour of the complainant for a period of three years from the date of purchase. It is the case of the complainant that inspite of several demands the opposite parties failed to return her Television and that she gave legal notice Ex.A3.  The opposite parties received the said notice under Ex.A4.  In Ex.A3 it is clearly stated that the complainant handed over the Television to opposite parties on 01-11-2010 during the period of warranty, as the said Television was not functioning properly.  The opposite parties kept quite and did not give any reply to the notice or did not choose to return the said Television to the complainant.  There is a deficiency of service on the part of the opposite parties.  The complainant failed to establish that there is manufacturing defect in the T.V.  Hence it is just and proper to direct the opposite parties to return the T.V. to complainant after affecting repairs.

9.     In the result, the complaint is partly allowed directing the                                      opposite parties to return the Television of the complainant to her after repairing it within two weeks from the date of order along with costs of Rs.500/- to the complainant.  

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 7^th day of June, 2012.

 Sd/-                                                Sd/-                                 Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nil                 For the opposite parties : Nill

List of exhibits marked for the complainant:-

Ex.A1                Bill issued by opposite party No.1 to complainant

dated 06-11-2007

Ex.A2.       Warranty Card.

Ex.A3                Office copy of Legal Notice dated 11-12-2010.

Ex.A4                Postal Acknowledgements (Nos.3).

List of exhibits marked for the opposite parties:- Nill

Sd/-                                    Sd/-                                    Sd/-

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

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