IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE   8^th DAY OF JUNE 2022

Present: -      Sri. E.M.Muhammed Ibrahim, B.A, LLM. President

        Smt.S.Sandhya   Rani. Bsc, LLB ,Member

        Sri.Stanly Harold, B.A.LLB, Member

    CC.No.126/2020

Balachandran,

S/o Kochappi, Thayyil Puthen Veedu,

Umayanalloor P.O.,

Vadakkumkara Kizhakke Cherry,

Thazhuthala Village, Kollam 691 589.                          :           Complainant

            V/s                                                                                                     

1. Proprietor, Quilon Radios,

      Main Road, Chinnakkada,                                    :          Opposite parties

Kollam 691 001.

2. Manager, Quilon Radios,

Main Road, Chinnakkada, Kollam

ORDER

Sri.Stanly Harold, B.A.LLB, Member

            This is a case based on a complaint filed U/s 12 of the Consumer Protection Act 1986.

            The averments in the complaint in short are as follows:-

            The complainant had purchased one Radio bearing No.3060 on 03.03.2020 from the opposite parties showroom namely Quilon Radios, Main Road, Chinnakkada, Kollam.  The opposite parties had issued invoice to the complainant for the purchase.  The complainant had installed UPS system in order to hear and enjoy songs within a few days the Radio find defect the Radio’s system and the tuning system was defective and the complainant could not inform  this matter to the opposite party due to the lock down declared by the Government during the time of Covid Pandemic.  Thereafter the complainant approached the opposite parties and informed the said complaint to the service persons of the opposite parties.  But they were not willing to rectifying the defect or solve his grievance.  They directed the complainant to produce the defective Radio before the authorized service centre of the Philips Radios.  The opposite parties did not come out with any solution for the redressal of the grievance of the complainant even after repeated requests.  The Radio has become defective within the guarantee and warranty period.  Thus the opposite parties are under obligation to keep the Radio in perfect working condition at least for a period of 12 months from the date of purchase by the complainant which they failed to do so.  The opposite parties have not complied with the terms of the guarantee and have acted extremely negligent in preferring the complaint of the complainant and he had no able to use the Radio comfortably and the complaint had been under great mental pressure.  The opposite parties turned deaf ears towards the complainant.  In the circumstances complaint approached this Hon’ble Commission in person.  Hence the complaint.

            Notice issued from the Forum/Commission was received by the opposite parties and they failed to appear before the commission to adduce evidence.  The opposite parties 1 and 2 were called absent and hence set exparte.  Complainant filed proof affidavit by reiterating the averments in the complaint and got marked Exts.P1 to P7 documents.  Heard the complainant personally and perused the records.  Ext.P1 is the invoice dated 03.03.2020 issued from Quilon Radios, Main Road, Kollam.  Ext.P2 is the warranty card dated 02.03.2020 issued from the Quilon Radios, Main Road, Kollam.  Ext.P3 is the reply given by the Public Information Officer, Consumer Affairs Department, Kerala Government dated 07.01.2021.  Ext.P4 is the Government Order dated 03.11.2007.  Ext.P5 is the repair details dated 19.12.2020 the bill issued from General Electronics, Kollam Ext.P6 series is the bill issued from the General Electronics, Kollam dated 22.12.2020.  Ext.P7 is the invoice issued from Quilon Radios dated 11.09.2021.

            The unchallenged averments in the complaint coupled with Exts.P1 to P7 documents would establish that the complainant purchased a Radio from the opposite parties on 03.03.2020  in his name.  It is clear from Ext.P1 invoice the complainant had purchased the said Radio from the opposite parties.  It remains undisputed that the complainant had purchase the Radio from the opposite parties on 03.03.2020 and it become defective within 2½ weeks.  Due to the declaration of lock down with regard to Covid Pandemic the complainant could not approach the showroom and inform the defect.  Thereafter when the restriction was withdrawn complainant visited the shop of the opposite party and informed the opposite parties.  But they had a deaf ear to listen the grievance of the complainant they directed to approach the service centre of Philips.  It is pertinent to note that the Radio become defective within the guarantee and warranty period that there is an obligation in the part of the opposite parties to the keep the Radio at least for a 12 months in a perfect condition.  The opposite parties has miserably failed  to do so.        

On evaluating the entire materials we hold that Radio purchased from the opposite parties has been defective within warranty period that the opposite parties did not attempt to repair or replace the same though the complainant knocked the door of the opposite parties with the defective Radio.  Hence there is deficiency in service on the part of the opposite parties 1 and 2.  It is also clear from the available materials that the complainant has sustained mental agony apart from financial loss.  In the circumstances opposite parties are liable to replace the defective Radio or to give a defect free Radio to the complainant and also liable to pay reasonable compensation to the complainant.

            In the result complaint stands allowed in the following terms.

1. The opposite parties are directed to substitute with a brand new Radio of the same value and specifications after receiving the defective one to the complainant or to return of the price Rs.1,648/- and also directed to pay Rs.1,000/- being compensation for the mental agony and financial loss and costs to the complainant due to the deficiency in service on the part of the opposite parties.
2. The opposite parties 1 and 2 are directed comply with above direction within 45 days from the date of receipt of a copy of this order failing with the complainant is at liberty to recover amount covered by the Ext.P1 invoice along with interest @ 9 % p.a. from the date of order till realization and compensation Rs.1,000/-from the opposite parties jointly and severally and from their assets.    

Dictated to the Confidential Assistant  Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the  Open Commission this the 8^th day of  June 2022.   

                                                              STANLY HAROLD:Sd/-

S.SANDHYA RANI:Sd/-

                                                                                                                                                                                     (President In charge)

Forwarded/by Order

                                                                                       Senior superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.P1              :  Invoice dated 03.03.2020 issued from Quilon Radios, Main Road, Kollam. Ext.P2  : Warranty card dated 02.03.2020 issued from the Quilon Radios, Main Road, Kollam

Ext.P3              : Reply given by the Public Information Officer, Consumer Affairs Department,

                            Kerala Government dated 07.01.2021.

Ext.P4              : The Government Order dated 03.11.2007

Ext.P5              : The repair details dated 19.12.2020 the bill issued from General Electronics,

                            Kollam

Ext.P6 series    : Bill issued from the General Electronics, Kollam dated 22.12.2020

Ext.P7              : The invoice issued from Quilon Radios dated 11.09.2021.

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil