14/11/2008<br /> Complainant/By Sri:- IP<br /> Opposite Party/By Sri:-IP/IP<br /> O.P.1/O.P.2<br /> <br /> This is a complaint filed U/Sec.12 of the Consumer Protection Act, 1986.<br /> The complainant is the Advocate has purchased Philips Color TV 29” PT 2026 from opposite party No.2 on 29/10/2004 for Rs. 15,500/-. Copy of the bill is produced. It is the case of the complainant that TV was working normally after purchase and after few months it started giving trouble (on and off). He gave complaint to opposite party No.1 service center and technician visited the house of the complainant and replaced some parts. Once again the said TV started giving trouble and again he gave complaint to service center. Several times the set was taken to opposite party No.1 for service. The complainant gave legal notice to the opposite parties. Copy of the legal notice was produced. Opposite party No.1 taken back the TV to their service center again on 30/07/2008 and they have not return back the said TV. Therefore, the complainant sought refund of Rs.15,500/- with interest and compensation. <br /> <br /> 2. Notice was issued to the opposite parties. The representative of the opposite party No.1 Sri. Ganesh Kumar was present on 24/10/2008 before this Forum and submitted that opposite party No.1 is ready to replace the TV set. The complainant who is an Advocate by profession submitted that he will look into the offer made by the opposite parties and ready to take replacement and defect free TV set and both of them have submitted on 24/10/2008 that, some time may be given to them to report the settlement. The matter was posted for reporting the settlement by 10/11/2008 and on that date complainant was present and opposite party was also present. The representative of opposite party again submitted before the Forum that company is ready to replace and hand over brand new TV of 29” by taking the old set. The complainant submitted that Forum may proceed to orders as it thinks fit on the facts of the case. Taking into consideration of the submissions made by the parties the TV set having been purchased about four years back by the complainant. The opposite parties have come forward to take back the old set and to give a brand new TV set of the same model to the complainant. This offer is quite just, fair and reasonable. The complainant submitted that the price of the TV set now is Rs.13,500/- whereas he had purchased the same for Rs.15,500/- Therefore, he insisted for payment of difference amount. We feel this may not be just, fair and proper because the TV purchased by the complainant was in the year 2004. Now we are in the year 2008. Question of price and giving to difference amount does not arise because the company has come forward fairly to take back the old TV set and in that place the company is giving brand new TV set of same model. Therefore, this is quite just and fair offer. The opposite party is not insisting for any deduction for taking old set and does not pay the amount. On the other hand the opposite parties are giving brand new set in the place of old set. Therefore, the ruling referred by the complainant during the course of argument is not applicable to the facts and circumstances of the present case. Before parting with this case, I want to say that, A customer, or we may call him as consumer, is the backbone of all our commercial activity. He has to be honoured, respected and attended to with utmost courtesy. The Father of Nation, Mahatma Gandhi, had noted this phenomenon many years ago when he observed: “a customer is the most important visitor on our premises. He is not dependent on us. We are dependent on him. He is not an interruption to our work. He is the purpose of it. He is not an outsider to our business. He is part of it. We are not doing him a favour by serving him. He is doing us a favour by giving us the opportunity to do so”. Taking into consideration of all the facts and circumstances of the case and the submissions made during hearing of the matter, I proceed to pass the following:-<br /> ORDER<br /> 3. The complaint is allowed. The opposite parties are directed to replace the TV set with brand new 29” CTV 6807 of approximate value of Rs.13,500/- to the complainant in place of the old set immediately with intimation to this Forum and the opposite parties are directed to pay Rs.1,000/- towards costs of the present proceedings to the complainant. <br /> 4. Send the copy of this order to both the parties free of costs immediately for compliance. <br /> 5. Pronounced in the Open Forum on this 14TH DAY OF NOVEMBER-2008. <br /> <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> Rhr<br />