BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 28/11/2013

Date of Order : 11/07/2014

Present :-

Shri. A. Rajesh, President.

Shri. Sheen Jose, Member.

Smt. V.K. Beena Kumari, Member.

C.C. No. 821/2013

Between

And

O R D E R

A. Rajesh, President.

1. The undisputed facts of the complainant's case are as follows :-

The complainant purchased a colour TV from the 2^nd opposite party on 21-08-2013 for Rs. 26,000/-, which was manufactured by the 1^st opposite party. On installation of the TV, the complainant observed that the performance of the unit supplied to him was highly unsatisfactory with poor display and unnatural colours all contrary to the description given in the website of the 1^st opposite party. On reporting the matter to the 2^nd opposite party, they advised the complainant to approach the 1^st opposite party. Accordingly, the complainant registered a complaint with the 1^st opposite party's website on 26-09-2013. Thereupon ,the representative of the 1^st opposite party examined the unit and advised that the unit has no defect. Being dissatisfied with the performance of the unit, the complainant mailed the details of the complaint to the 1^st opposite party on 30-09-2013. Since the 1^st opposite party did not take any action, the complainant sent a reminder on 18-10-2013 and again on 19-10-2013, the complainant mailed a final notice to the 1^st opposite party to which there was no response. Thus, the complainant is before us seeking direction against the opposite parties to refund the price of the TV with interest together with costs of the proceedings.

2. Despite service of notice from this Forum, the opposite parties opted not to contest the matter for reasons not stated or explained. No oral evidence was adduced by the complainant. Exts. A1 to A9 were marked. Heard the complainant who appeared in person.

3. The points that came up for consideration are as follows :-

1. Whether the complainant is entitled to get refund of the price of the TV set with interest?

2. Whether the opposite party is liable to pay costs of the proceedings to the complainant?

4. Point No. i. :- Ext. A1 retail invoice goes to show that the complainant purchased an LED LG TV from the 2^nd opposite party on 21-08-2013 at a price of Rs. 26,000/-, which was manufactured by the 1^st opposite party. According to the complainant, the performance of the TV unit is below the standard as offered by the 1^st opposite party in their website. Ext. A2, A4, A6 and A8 would show that time and again, the complainant highlighted his grievances with the 1^st opposite party and also requested to replace the unit with a new one to which the 1^st opposite party caused half baked replies. It is to be noted that the 1^st opposite party has not taken any action in furtherance of the complaints lodged by the complainant. The absence of the opposite parties in this Forum as well speaks volumes. In view of the above, we are only to hold that the TV unit of the complainant suffers from inherent manufacturing defect thereby, the complainant is entitled to get replacement of the TV set with a new one according to the choice of the complainant.

5. Point No. ii. :- The primary grievance of the complainant having been met squarely and sufficiently, we refrain from awarding costs of the proceedings.

6. In the result, we partly allow the complaint and direct that the opposite parties shall jointly and severally replace the TV unit of the complainant with a new one according to the choice of the complainant. The difference in price, if any shall be met by either. The complainant is directed to return the TV set in question to the opposite parties simultaneously.

The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 11^th day of July 2014.

Forwarded/By Order, Sd/- A. Rajesh, President.

Sd/- Sheen Jose, Member.

Sd/- V.K. Beena Kumari, Member.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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