Date of Filing : 16.10.2014
Date of Order : 25.01.2016
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU. B. RAMALINGAM M.A.M.L., : PRESIDENT
TMT. K.AMALA, M.A. L.L.B., : MEMBER I
DR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II
C.C.NO.435/2014
MONDAY THIS 25TH DAY OF JANUARY 2016
Sathiavannan,
No.25/10, 3rd Main Road,
K.B. Nagar,
Adyar,
Chennai 600 020. ..Complainant
..Vs..
Barath,
Prop. Indian Electronics,
No.8 Cross Stret,
Palavakkam,
Chennai 600 041. ..Opposite party
For the Complainant : Mr. Devaraj & other
For the opposite party : Exparte
ORDER
THIRU. B. RAMALINGAM PRESIDENT
Complaint under section 12 of the Consumer Protection Act 1986. Complaint is filed seeking direction against the opposite party to pay a sum of Rs.90,000/- with interest and also to pay a sum of Rs.10,000/- as cost of the complaint to the complainant.
1. Even after receipt of the notice from this forum in this proceeding, the opposite party did not appear before this Forum and did not file any written version. Hence the opposite party was set exparte on 2.9.2015.
2. Perused the complaint, proof affidavit filed by the complainant and documents Ex.A1 to Ex.A5 filed on the side of the complainant and considered the complainant side argument.
3. The complainant has stated that he has purchased the Plasma TV for Rs.18,000/- under Ex.A1 on 22.4.2014 from the opposite party and the same was suffered repair on 8.4.2014. So the said T.V. has been handed over to the opposite party for repair, an advance amount of Rs.5,000/- towards repair charges paid by the complainant and the receipt Ex.A2 for the same issued by the opposite party. Whereas in spite of several demands and legal notice Ex.A3 issued by the complainant to the opposite party dated 23.7.2014, the opposite party neither returned the said T.V. after repair nor replied for the notice. As such the opposite party had committed deficiency of service. As such the complainant has filed this complaint against the opposite party claiming a sum of Rs.90,000/- with interest and also to pay compensation and litigation charges.
4. On careful perusal of the complaint and the above said documents filed by the complainant we find contradiction on the case of the complainant that the alleged bill Ex.A1 is not related to the complaint mentioned TV said to have been handed over to the opposite party on 8.4.2014 under Ex.A2 receipt for repair because there is no evidence. Ex.A1 is not considered to be a valid bill in respect of the TV said to have been given for repair to the opposite party under Ex.A2, because the description of the TV in Ex.A1 is mentioned as Plama TV. Whereas in Ex.A2 it is mentioned as LCD TV and Ex.A1 did not bear any particulars of the said TV i.e. the making number etc. Therefore we are of the considered view that the Ex.A1 is not the invoice or bill for the TV which has been handed over for repair to the opposite party on 8.4.2014 under Ex.A2. However it is acceptable that the TV handed over by the complainant to the opposite party on 8.4.2014 under Ex.A2 with payment of Rs.5,000/- towards repair charges as advance has not been duly repaired by the opposite party and returned to the complainant inspite of several demands as well as notice Ex.A3 dated 23.7.2014 issued by the complainant to the opposite party. As such the opposite party has committed deficiency of service and hardship to the complainant is acceptable. Therefore we are of the considered view that the opposite party is directed to repair the said T.V. mentioned in Ex.A2 and to return the same to the complainant on receiving the necessary charges for repair after deducting a sum of Rs.5,000/- which has been paid as advance under Ex.A2 and also to pay a sum of Rs.5,000/- as just and reasonable compensation and a sum of Rs.2,500/- as litigation charges to the complainant.
In the result, the complaint is partly allowed. The opposite party is directed to return the LCD TV duly repaired received from the complainant for repair under Ex.A2 after receiving necessary charges for repair by deducting Rs.5,000/- which is paid in advance under Ex.A2 and also to pay a sum of Rs.5,000/- (Rupees five thousand only) as compensation and also to pay sum of Rs.2,500/- (Rupees Two thousand and five hundred only) as cost of litigation to the complainant within six weeks from the date of this order.
Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this the 25th day of January 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s side documents:
Ex.A1- 22.4.2014 - Copy of Purchase Bill.
Ex.A2- 8.4.2014 - Copy of Service receipt.
Ex.A3- 23.7.2014 - Copy of legal notice.
Ex.A4- 30.9.2014 - Copy of Postal receipt.
Ex.A5- 1.10.2014 – Copy of Ack. Card.
Opposite party’s Exhibits:- Nil (Exparte)
MEMBER-I MEMBER-II PRESIDENT.
