Date of filing : 05-03-2013
Date of order : 30-09-2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.74/2013
Dated this, the 30th day of September 2013
PRESENT
SMT.P.RAMADEVI : PRESIDENT
SMT. K.G.BEENA : MEMBER
Saji Abraham, Nadichil House, : Complainant
Sullya, 574314.
(In Person)
Next Spark Electronics, TMT Centre.2. : Opposite party
Traffic Circle, Kottachery, Kanhangad. 671315
(Exparte)
O R D E R
SMT.P.RAMADEVI, PRESIDENT
The facts of the case in brief is that the complainant purchased a Sansui LCD 32”S 3230 YV-HDRI USB TV from opposite party on 19-06-2012 for an amount of Rs.16,000/-. The warranty period of the TV is one year. After one month of its purchase the display of the TV became defective and the same is informed to the opposite party. The opposite party repaired the TV three times and the defect is not cured. Thereafter on 12-11-2012 the complainant again given the TV for repair with opposite party and the original bill and warranty card handed over to the opposite party and opposite party issued receipt acknowledging the same. On 09-02-2013 the TV is returned to the complainant after repairing the same and the opposite party has not return back the original warranty card and bill inrespect of the above TV. While giving back the TV after repair the opposite party told the complainant that if any defect is occurred in the TV we will not be liable. The complainant was advised to inform the defect to the company. But the repaired TV was worked only half an hour then the TV became off. Hence the complainant informed the defect to the opposite party through telephone. But there was no response on the side of opposite party. Hence this complaint is filed seeking refund of the amount paid for the TV and payments made for its accessories.
2. After admission of the complainant the Forum issued notice to the opposite party. Opposite party duly served the notice but not appeared. Name of opposite party called absent and set exparte.
3. Complainant is examined as PW1 and Exts A1 to A4 marked.
4. After considering the facts of the case the following issues raised for consideration.
1 Whether there is any deficiency in service on the part of opposite party?
2 If so what the order as relief and cost?
5. Here the complainant deposed that within the warranty period itself the TV became defective and no proper services is provided by opposite party. Here is a case of denial of after sale service to customers. The complainant purchased TV worth Rs.16,000/- and he also purchased accessories for the above TV and he is claiming the amount paid for accessories to the above TV from opposite party. Hence the opposite party is not turned up. No contra evidence is before the Forum. Hence we are of the opinion that denial of after sale service is a deficiency in service on the part of opposite party. Hence the opposite party is liable compensation to the complainant.
6. Here the complainant is entitled to get refund of the purchase price of the TV and compensation for mental agony and sufferings and costs. But he is not entitled to get the accessories which he purchased for his TV. He can use those accessories for his another TV.
Therefore the complaint is allowed directing the opposite party to refund Rs.16,000/- being the price of LCD TV on taking back the defective TV SANSUI LCD 32” S 3230 YV-HDRI USB. The opposite party is further directed to pay Rs.10,000/- for mental agony and suffering and Rs.2000/- towards costs to the complainant. Time for compliance of the order is 30 days from the date of complaint till payment.
MEMBER PRESIDENT
Exts.
A1. Photocopy of Customer Warranty card.
A2.Owners manual
A3.Bill issued by OP for an amount of Rs. 27,100/- Dt. 19-01-2012.
PW1. Saji Abrhamam.
MEMBER PRESIDENT
Pj/
