By. Smt. Renimol Mathew, Member:

The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to return the price of the defective Television with cost and compensation.

2. Brief of the complaint:- On 10.06.2014 the complainant bought one “1 Gold CTV 21” television from the shop of 1^st opposite party. On payment the complainant issued bill of Rs.8,000/- together with warranty card. Opposite party No.2 is the manufacturer of the disputed Television Set. The model and serial number of this television was 1 GL CR 2188-0414-0766 respectively. At the time of sale this opposite parties assured one year replacement warranty to the product. Thereafter in the end of March 2014 the television set immediately stopped it functioning. Immediately the complainant entrusted this television set to the shop of opposite party No.1 for repair and received it on 24.04.2015 after repair. Thereafter when the complainant switched on the Television from his house it again showed some irregularities in its functioning, some dots were appeared in the screen, picture and sound was not appears clear. The very next day itself the complainant informed this to the opposite party No.1, he assured that he will make arrangements to replace the disputed television with a new one, with the help of opposite party No.2. Thereafter this complainant approached the opposite party No.1 several times but he was not ready to replace the defective television set. Complainant alleged that this act of the opposite parties are nothing but deficiency of service and filed this complaint to get replacement of the defective television set with a new one or to get back the bill amount together with compensation and cost of this proceedings.

3. Notices sent to opposite parties served on 20.06.2015 and 22.06.2015 but they were not present before this Forum and set ex-parte on 05.08.2015.

4. On perusal of complaint and documents the Forum raised the following points for consideration:-

1. Whether there is any deficiency of service from the side of opposite parties?

2. Relief and cost.

5. Point No.1 & 2:- Complainant filed proof affidavit and Ext.A1 and A2 documents were marked. Ext.A1 is the purchase bill dated 10.06.2014. Ext.A2 is the warranty card dated 10.06.2014. On perusal of documents Ext.A1 and A2 we finds that the disputed television set became defective within one year of the date of purchase. As per Ext.A2 one year warranty is provided to the television. The alleged complaint was within warranty period. There is no evidence to the contrary. Hence the complainant is entitled to get back the bill amount with cost and compensation. The Points are found accordingly.

In the result, the complaint is partly allowed and the opposite party No.2 is directed to return the bill amount of Rs.8,000/- (Rupees Eight Thousand) to the complainant and Opposite party No.1 is directed to pay Rs.5,000/- (Rupees Five Thousand) to the complainant as cost and compensation of this proceedings. Complainant is directed to handover the defective television to opposite party No.2 on receipt of the bill amount. This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order. Failing which the opposite parties are directed to pay 12% interest for the whole amount till payment.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 25^th day of August 2015.

Date of Filing:09.06.2015.

PRESIDENT :Sd/-

MEMBER :Sd/- MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:-

PW1. Joy (Affidavit) Complainant.

Witness for the Opposite Parties:-

Nil.

Exhibits for the complainant:

A1. Purchase Bill. Dt:10.06.2014.

A2. Warranty Card.

Exhibits for the opposite parties:-

Nil.

Sd/-

PRESIDENT, CDRF, WAYANAD.

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