Karnataka

Bangalore 2nd Additional

CC/2479/2008

Vipin Kumar Nambiar M.K. - Complainant(s)

Versus

Phillips Electronics India ltd., - Opp.Party(s)

H.N. Vidyadhar,

20 Jan 2009

ORDER


IInd ADDL. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN
No.1/7, Swathi Complex, 4th Floor, Seshadripuram, Bangalore-560 020
consumer case(CC) No. CC/2479/2008

Vipin Kumar Nambiar M.K.
...........Appellant(s)

Vs.

Phillips Electronics India ltd.,
Philips Electronics India Ltd.,
The Proprietor, Modern Radio Engineering Co.,
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Date of Filing:18.11.2008 Date of Order:20.01.2009 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 20TH DAY OF JANUARY 2009 PRESENT Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 2479 OF 2008 Vipin Kumar Nambiar M.K, S/o Balakrishna Nambiar M.K, R/at No.22/A, ‘Mariya Bhavan’, I Floor, 4th Main Road, Mathikere, Bangalore 54. Complainant V/S 1. Philips Electronics India Ltd., Having its Branch Office at, No.7, Justice Chandra Madhab Road, Kolkatta-700020, Represented by its Managing Director, Bangalore-560 071. 2. Philips Electronic India Ltd., Having its branch office at, 4th Floor, North side, The Estate, No.121, Dickenson Road, Bangalore-560041, Represented by its Branch Service Head. 3. The Proprietor, Modern Radio Engineering Co., No.105, M.G. Road, Bangalore-560001. Opposite Parties ORDER By the President Sri. S.S. Nagarale This is a complaint filed U/Sec.12 of the Consumer Protection Act, 1986 claiming direction to the opposite parties to replace 29 inches Philips Television Color set with new television set of same model and in addition to said direction opposite parties be directed to pay jointly and severally sum of Rs.50,000/- as compensation for the mental agony and physical discomfort,/strain etc., and litigation expenses. 2. Notice was issued to opposite parties. In pursuance to the notice issued by this Forum, the representative of the opposite parties appeared in person and filed a memo stating that company is ready and willing to pay the bill amount of Rs.19,500/- to the complainant. Accordingly, the opposite parties are directed to bring the D.D for Rs.19,500/- in the name of the complainant by this Forum. In compliance with the direction of this Forum the company representative came with D.D for Rs.19,500/- on 16/01/2009. The said D.D was handed over to the complainant. The matter was settled by the intervention and advice of the Forum. The settlement of the matter amicably is appreciated. The complainant requested for grant of cost and compensation for mental agony and inconvenience caused to him on account of supply of defective product by the company. The matter is heard only on the point of grant of compensation. The matter was left to the Forum to be decided. Consumer Protection Act is a Social and benevolent legislature intended to protect the better interest of the consumers. A consumer is the most important visitor in the premises of the service provider. He is not dependent on service provider, on the other hand the service providers are dependent on the consumers. A customer was the boss in the past, is at present and will be in the future. The opposite party is a reputed and famous company. It is the duty and obligation of the opposite party company to supply defect free product to the customers. A customer who has purchased the product by investing Rs.19,500/-, due to defective product really he suffers mental tension, hardship and inconvenience. A complaining customer is definitely unpleasant to deal with but he is actually the most important customer. He had chosen to invest his time, efforts and energy to let the company to know about it. There are few customers who complain. This is because people cannot afford to invest time and energy in the process. Customer’s complaints are the genuine source of guidance for any service provider or company. The company should be thankful to the complaining customers because they bring the lapses and shortcomings in the product to the notice of the company. Therefore, the company should be grateful in promptly attending the problem of the customers. The opposite party company has rightly come forward to refund the bill amount of Rs.19,500/- soon after receiving the notice from the Forum. This gesture on the part of the company is appreciated. However, on the facts and circumstances of the case, it would be just, fair and reasonable to direct the opposite party company to pay compensation of Rs.5,000/- to the complainant for all the mental agony, hardship and inconvenience caused to the complainant. I feel this amount will meet the ends of justice. In the result, I proceed to pass the following:- ORDER 3. The complaint is allowed. The opposite parties are directed to pay Rs.5,000/- as compensation to the complainant for mental agony, hardship and inconvenience within 30 days from the date of this order. After receipt of the amount, the complainant has to return back the old TV set to the opposite parties. With the above order the matter is closed. 4. Send the copy of this Order to both the parties free of costs immediately. 5. Pronounced in the Open Forum on this 20TH DAY OF JANUARY 2009. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER Rhr.,