Nikshan Electronics,

Nikshan Arena,

Bank Road,

Kannur1                                       Opposite party

O R D E R

Sri.K.Gopalan, President

          This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite party to refund `5800 received as price of the TV and also to pay `5000 as compensation together with `2000 as cost.

          The case f the complainant is that he had purchased a TV set Videocon 21” on 24.08.12 for `5,800 on promise that the same should be delivered on  opposite party’s expense to the residence of complainant on the same day or  the next day. It was purchase so as to enable the family to enjoy the Onam festival programmes. But the TV was not delivered as promised. When complainant enquired opposite party promised to deliver on 26.08.12. But it was not delivered on that day.  When complainant contacted opposite party on 27.08.12 opposite party told him that it would be delivered on the same day. But there was no delivery. When complainant again contacted on 28^th and 29^th the employees of opposite party told him with different version. Thereafter on 31^st August a call from opposite party’s office received with enquiry of area of complainant’s residence. When complainant told them about his experience and contemptuously due to non-delivery of Television they answered contumeliously and insulted complainant. Hence he told them to cancel the purchase and to refund the amount. But opposite party adamantly told him that they would not refund the amount. Hence this complaint.

Forum sent notice to opposite party. The opposite party was property served but he has not made appearance nor filed version. Hence his name was called in open Forum and declared exparte since he was absent.

Complainant adduced evidence in tune with his pleadings. Ext.A1 issued by the opposite party confirms that the price of the TV received by the opposite party on 24.08.12 is `5,800. Complainant adduced evidence by way of affidavit that opposite party did not deliver the TV purchased by him to his residence as promised by opposite party. At last when complainant demanded for the refund of the amount paid by him opposite party was not ready and willing to return the same.

          Opposite party did not turn up before the Forum. This absence can only be considered that opposite party purposefully remained outside since they have no proper explanation with respect to the transaction of the subject mater in dispute. Non delivery of TV set is undoubtedly unfair on the part of opposite arty. Hence we are of opinion that opposite party is liable to refund the amount of price of TV set `5,800 together with `1000 (Rupees One Thousand only) as compensation and  `500 as cost of this litigation. Order passed accordingly.

          In the result, the complaint is allowed directing the opposite party to refund the price of the TV set `5,800 (Rupees Five thousand and Eight only) and also `1000 (Rupees One thousand only) as compensation and `500 (Rupees Five hundred only) as cost of this litigation to the complainant within one month from the date of receipt of this order failing which complainant is entitled to execute the order after the expiry of 30 days as per the provisions of consumer protection Act.

    Sd/-                    Sd/-   

        President               Member     

APPENDIX

Exhibits for the Complainant

A1. Copy of the bill issued by OP

Exhibits for the opposite party:

Nil

Witness examined for either side: Nil

        / forwarded by order/

                                                                                      Senior Superintendent