BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BAGALKOT

Date of filing:24/03/2014

Date of Order:25-10-2016

Consumer Complaint No.47/2014

PRESENT

01) Smt.Sharada.K.                                                               President…

     B.A.LL.B. (Spl) 

02) Smt. Sumangala.C.Hadli.                                                  Lady   Member…

                            B.A (Music)

03) Shri.Shravanakumar.D.Kadi                                                 Member…

                        M.Com.LL.B.  (Spl)

COMPLAINANT/S

Veeranna S/o Somashekharappa Kurahatti,

Age:60 Yrs, Occ: Business,

R/o Guledagudda, Tq: Badami, Dist:Bagalkot.

                                      (By Sri. M.C.Hiremath, Advocate)

V/S

OPPOSITE PARTY/S

By Smt.Sumangala.C.Hadli, Member.

Complainant filed this complaint u/Sec. 12 of Consumer protection Act, 1986 (hereinafter referred to as the Act) seeking direction to Op to the same model of new T.V. nor refund of Rs.13,000/- towards T.V. cost, Rs.50,000/- towards mental agony and Rs.5,000/- towards cost of litigation including interest at 18% p.a. from the date of purchase of T.V. and any other relief as the forum deems fit under the circumstance of the case.

2. Brief facts of the case are as follows:

The complainant has purchased Thoshiba T.V, P.T.E.I 24 inch L.C.D. T.V from the OP. The OP has given receipt for the above said purchase No.150 and the warranty period is 03 years. Within 02 months of the purchase the said T.V. did not work properly. The picture as well as sound system was completely stopped.

3.     The complainant went to the OP along with the T.V. and requested to rectify the said defect. The OP took T.V. and returned it after 04 days OP saying the T.V. was repaired, but the only next day the same problem occurred like this the OP took the T.V. and repaired it several times. Even after repeatedly getting the T.V. repaired the T.V. did not work.

4.     Hence the complainant personally visited the OP and requested him to give a same model of new T.V. nor refund the amount of Rs.13,000/- towards T.V. price along with the interest, but the OP did not do the needful. Hence, complainant prays action of the OP is against the Consumer Protection Act, 1986 for failure and service.

5.     On 02.03.2013, the complainant issued a legal notice to the OP and OP appeared their counsel and requested the complainant to return the T.V. and agreed to replace it with a new one. Therefore, the complainant returned the product to the OP on 18.02.2016. But, till today the OP has not returned with the new T.V. nor Rs.13,000/-, hence no other option except to file the present Complaint.

6.     After receipt of Notice, OP appeared through counsel and not filed Written Version. After hearing the case, the Op-counsel has filed Memo on 06.09.2016 to retirement of this Complaint. Hence this case posted on complainant’s evidence side.

7.      By way of evidence, complainant has filed affidavit and filed 03 documents and they are marked as EX C1 to EX C3. The following documents are as follows:

1. EX C1 – Receipt of the OP dated: 18.02.2016,

2. EX C2 – Receipt of the purchased T.V. dated: 08.10.2011.

3. EX C3 – Warranty Card

With available documents, this Complaint came up for hearing and argument and evidence of the complainant was heard. Perused the documents.

8.     After considering the material placed on record, the following points that would arise for our consideration.

1. Whether the complainant has prove the deficiency in service on the part of the OP?
2. Whether the complainant has entitled to get compensation?
3. What order?

9.    After considering the evidence tendered by both sides and on careful consideration of the arguments advanced by both sides our findings for the above points are as follows.

1. Affirmative.
2. Partly affirmative,

3) As per final order.

R E A S O N S

10. Point No.1: On perusal of the pleadings, evidence, coupled with documents of complainant side. The complainant has purchased Toshiba T.V. from the OP on 08.10.2011 for Rs.13,000/- and the receipt for the said purchased is also produced. The said T.V. did not work properly and it was back to the OP for repair within 02 months of the purchase, the said T.V. did not work properly even after repeated repairs within the warranty period. After the notice, the counsel and complainant to this Forum the OP received the said T.V. along with his advocate and promised to give a new T.V. on 18.02.2016. But, till today the OP has not given a new T.V. nor refund the cost of T.V. of Rs.13,000/- along with interest. As per the documents produced by the complainant as EX C1 is Receipt of the OP dated: 18.02.2016, EX C2 is Receipt of the purchased T.V. dated: 08.10.2011, EX C3 is Warranty Card. For the above documents observed by this Forum, OP fails to rectify the above said T.V. In the light of our above said findings and documents, the complainant proves that there is deficiency in service and unfair trade practice on the part of the OP. Hence, we answer the Point No.1 in affirmative.

11.  POINT NO.2: There is no doubt that complainant has so many time request to the OP to rectify the said defect. OP is not responded properly as well s not repaired the T.V. in view of the above observations, we are of the opinion the OP shows be paid value of the T.V. Set of Rs.13,000/- with interest at the rate of 09% p.a. from the date of filing of this Complaint till realization for causing unnecessary harassment and mental agony to the complainant. Hence, OP is also pay Rs.2,000/- towards mental agony and Rs.2,000/- towards litigation expenses. Hence, we answer Point No.2 in partly affirmative.  

12. Point No:3 In the result, the complaint of the complainant is fit to be allowed in part. Hence, we proceed to pass the following:

O R D E R

     Complainant’s complaint is allowed in part as follows;

1. The Complainant is entitled to get refund of T.V. cost of Rs.13,000/- (Rupees thirteen thousand) along with interest at the rate of 09% p.a. from the date of filing of this Complaint, till realization.
2.  The complainant is also entitled to get Rs.2,000/- (Rupees two thousand) for mental agony and Rs.2,000/- (Rupees two thousand) towards litigation expenses.
3. The complainant after receiving the said amount, OP is at liberty to get his old T.V. from the complainant.

    4) Free copy of this order shall be sent to the parties immediately.

               (Dictated to the Stenographer directly on computer corrected by me and then pronounced in the open Forum on this 25^th day of October, 2016).