IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present: Sri.K.Gopalan:  President

Smt.K.P.Prethakumari:  Member

Smt.M.D.Jessy:               Member

Dated this, the ^15th   day of   September    2009

CC.No.169/2009

T.Jayaachanran,

DIET    Quarters,

Palayad 670 661.                                                  Complainant

Proprietor,

New Dubai Trading Duty Paid shop,

Yatheemkhana Complex,                                    Opposite party

Jubilee Road,Thalassery.

                                                O R D E R

Smt.K.P.Preethakumari, Member

            This is a complaint filed under swection12 of consumer protection Act for an order directing the opposite party to pay Rs.20, 000/- as compensation.

            Complainant’s case is that he had purchased a DVD player of Vinverth for an amount of Rs.2150/- having a warranty for 2 years on 13.3.09. But during the month of May the set became defective. On scrutiny it was found that the above set was a repaired one and sold the same to the complainant by saying that it is a new one. More over the serial number of the set is also differ in catalogue and in the set. So the complainant had informed on the same day, but the opposite party was not ready either to replace it or to repair it. So the complainant had issued a registered letter to opposite party on 5.6.09 but the same was retuned as refused by opposite party. So the complainant has suffered so much of mental agony as well as financial loss. Hence the complaint.

            On receiving the complaint, Forum has issued notice to opposite party, but the same was returned unclaimed. Hence the opposite party was called absent and set exparte.

            The point to be decided is whether the opposite party has shown deficiency and unfair trade practice alleged by the complainant.

            The evidence in this case consists of the oral testimony of complainant as PW1 and exts.A1 to A3.

            The Ext.A1 to A3 proves that the complainant had purchased a DVD player on 13.3.09 for an amount of Rs.2150/- from the opposite party having a warranty of 2 years. The complainant alleged that it was became defective during the month of May and the set was an old one already repaired and sold to the complainant by saying that it is a new one. But the opposite party has not turned up before the form. Thus it shows the deficiency on the part of opposite party. So we are of opinion that the opposite party has shown deficiency in service and unfair trade practice for which he is liable. So he has to replace the DVD set with a new one having sufficient warranty with Rs.1000/- as compensation and cost.

            In the result, the complaint is allowed directing the opposite party to replace the DVD set with a new one or to refund the purchase value of the set ie.Rs.2150/-(Rupees Two thousand one hundred and fifty only) with Rs.1000/- (Rupees One thousand only)as compensation and cost to the complainant within one month from the date of receipt of this order, otherwise the complainant is at liberty to execute the order under the provisions of Consumer Protection Act.

                        Sd/-President             Sd/-Member      Sd/-Member

APPENDIX

Exhibits for the complainant

A1.Copy of the bill issued by OP

A2.Copy of the warranty and cover page of catalogue

A3. Copy of the letter dt.4.6.09 sent to OP

Exhibits for the opposite party: Nil

Witness examined for the complainant

PW1.Complainant

Witness examined for the opposite party: Nil

                                                                                                        /forwarded by order/

                                                                                                            Senior Superintendent

Consumer disputes Redressal Forum, Kannur