BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> C.C.No. 95/2008 Filed on 13.05.2008<br /> Dated : 29.09.2008<br /> Complainant:<br /> K. Rajasekharan Nair, Revathy, Kunnathu vilakathu veedu, Kollamkonam, Peyad P.O, Thiruvananthapuram-695 573.<br /> <br /> Opposite party:<br /> <br /> Nivya Electronics, T.C.L Authorised Service Centre, T.C 27/1965, CRRA-136, Near Devi Pharma, Chirakulam Road, Statue, Thiruvananthapuram. <br /> <br /> This O.P having been heard on 05.09.2008, the Forum on 29.09.2008 delivered the following:<br /> ORDER <br /> <br /> SMT. BEENAKUMARI.A: MEMBER<br /> <br /> The facts of the case are as follows: Complainant registered a complaint before the Nivya Electronics, the authorized Service Centre of T.C.L T.V of his T.C.L T.V Model No. DP 2/81F on 24.03.2008. On 30.03.2008 the Service engineer of the opposite party came to the complainant's house and examined the T.V and he took the printer circuit board of the T.V for repairing. The complainant gave Rs. 100/- to him as bus fare. On 04.04.2008 the PCB of the T.V was installed in the T.V and he charged Rs. 1250/- for that. But the same complaint of the T.V is not cured. The complaint of the T.V still continues. The complainant informed the matter on 04.04.2008 itself to the opposite party. But the opposite party did not turn up to cure the complaint. Hence the complainant approached this Forum for the redressal of his grievances.<br /> <br /> The opposite party in this case accepted the notice from this Forum. But he did not appear before this Forum to contest the case. Hence the opposite party is remained exparte. <br /> <br /> Points that would arise for consideration are:-<br /> (i)Whether there is deficiency in service or unfair trade practice on the part of the opposite party?<br /> (ii)Reliefs and costs.<br /> <br /> Points (i) & (ii):- The complainant has filed proof affidavit and produced 3 documents. The complainant was examined as PW1 and documents were marked as Exts. P1 to P3. Ext. P1 is the temporary cash receipt issued by the opposite party to the complainant for Rs. 1250/-. Ext. P2 and Ext. P3 are the terms and conditions and warranty card of the T.C.L T.V. Ext. P2 document shows the date of purchase of the T.V as 15.01.2005. The defect occurred on 24.03.2008. It was within the period of warranty. Ext. P2 document warranty card shows that the T.V has 5 years warranty. Hence it is the duty of the opposite party to repair the T.V free of cost. But the opposite party charged a huge amount of Rs. 1250/- for the repair. But the defect of the T.V was not rectified. This act of the opposite party amounts to deficiency in service and unfair trade practice. <br /> <br /> In this complaint, the complainant prayed for the replacement of a new T.V or refund Rs. 15000/-, the price of the T.V. But in this case the complainant has no case that the T.V has manufacturing defect nor the manufacturer of the T.V has been made a party in this case. Hence that prayer is not allowed. From the evidence adduced by the complainant we have decided the following remedy. The opposite party is directed to rectify the defect of the T.V free of cost and also direct the opposite party to refund Rs. 1250/- (Rupees one thousand two hundred and fifty only) to the complainant and shall also pay Rs. 1500/- (Rupees one thousand five hundred only) as cost of the complaint. Time for compliance is one month, if failed to pay within that period the above said amounts shall carry 9% interest per annum from the date of the order till the date of payment. <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 29th September 2008.<br /> <br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> G. SIVAPRASAD :PRESIDENT <br /> <br /> S.K.SREELA : MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> C.C.No. 95/2008<br /> APPENDIX<br /> <br /> I COMPLAINANT'S WITNESS : <br /> PW1 - K. Rajasekharan Nair<br /> II COMPLAINANT'S DOCUMENTS :<br /> <br /> P1 - Photocopy of temporary cash receipt for Rs. 1250/- issued by <br /> the opposite party to the complainant.<br /> <br /> P2 - Photocopy of warranty card and its terms and conditions.<br /> <br /> P3 - Photocopy of warranty card and its terms and conditions.<br /> III OPPOSITE PARTY'S WITNESS :<br /> NIL<br /> IV OPPOSITE PARTY'S DOCUMENTS :<br /> NIL<br /> <br /> <br /> <br /> PRESIDENT<br />