By Jayasree Kallat, Member: The complainant had purchased one 21” Videocon T.V. and stabilizer along with Dish Antenna from the opposite party on 1-9-08. Opposite party had convinced the complainant that the dish antenna was made out of quality material and it will last for 5 years without rusting. Inspite of the assurance by the opposite party regarding the dish antenna it got rust and was completely destroyed within the month of purchase. Complainant had reported this fact to the opposite party. Complainant had requested opposite party to rectify the defects of the dish antenna. Opposite party did not respond to the request of the complainant. Opposite party had unnecessarily delayed the repair work. Because of the non functioning of the dish antenna the complainant was not able to use the T.V. or view any programme in the T.V. Complainant alleges deficiency in service on the part of opposite party for not rectifying the defects in the dish antenna and there by causing hardship to the complainant. Hence this complaint seeking relief along with compensation. Opposite party filed a version denying the averments in the complaint except those that are explicitly admitted. Opposite party admits the fact that complainant had purchased a Videocon T.V., stabilizer and dish antenna and accessories from the opposite party. Opposite party denies the fact that they had assured 5 years guarantee for the dish antenna. Opposite party denies the averment in the complaint that they have not responded to complainant’s request to repair the dish antenna. The complainant did not allow the mechanic of opposite party to repair the dish antenna. The complainant has not given Rs.904/- which is due to the opposite party. There was no negligence or deficiency in service on the part of opposite party. Opposite party has been doing business in dish antenna for about 15 years. Till this time no complaints has come out from any of the customers except the complainant. The complainant has filed this case to evade from paying the balance amount of Rs.904/-. As there is no deficiency on the part of opposite party, opposite party prays to dismiss the complaint with cost to opposite party. The only point for consideration is whether the complainant is entitled for any relief? PW1 was examined and Ext.A1 to A5 were marked on complainant’s side. No oral or documentary evidence on opposite party’s side. The case of the complainant is that he purchased a Videocon T.V., stabilizer and dish antenna along with accessories from the opposite party. Within one month of purchase the dish antenna got rusted and became non functioning. According to the complainant he informed the defect of the dish antenna several times to the opposite party. But the opposite party did not repair the antenna. Complainant’s case is that because of the defective dish antenna he could not view programmes in the T.V. Opposite party in their version had stated that opposite party’s mechanic was sent to the complainant’s house but the complainant did not allow to repair the dish antenna. From the evidence and version of the opposite party Forum has come to the conclusion that the dish antenna is not functioning. Hence Forum is of the opinion that the complainant is entitled to get the dish antenna repaired and make it functioning. In the result the petition is allowed and the opposite party is directed to make the dish antenna defect free and functioning. Opposite party is directed to comply the order within one month from the date of receipt of copy of the order. Pronounced in the open court this the 31st day of December 2009. Sd/- Sd/- Sd/- PRESIDENT MEMBER MEMBER APPENDIX Document exhibited for the complainant. A1. Photocopy of receipt. A2. Photocopy of receipt. A3. Photocopy of cash bill. A4. Photocopy of registered notice. A5. Returned cover with acknowledgement. Document exhibited for the opposite party. Nil. Witness examined for the complainant. PW1. Balan.M.P. (Complainant) Witness examined for the opposite party. None Sd/- President // True copy // (Forwarded/By order) SENIOR SUPERINTENDENT. By Jayasree Kallat, Member: The complainant had purchased one 21” Videocon T.V. and stabilizer along with Dish Antenna from the opposite party on 1-9-08. Opposite party had convinced the complainant that the dish antenna was made out of quality material and it will last for 5 years without rusting. Inspite of the assurance by the opposite party regarding the dish antenna it got rust and was completely destroyed within the month of purchase. Complainant had reported this fact to the opposite party. Complainant had requested opposite party to rectify the defects of the dish antenna. Opposite party did not respond to the request of the complainant. Opposite party had unnecessarily delayed the repair work. Because of the non functioning of the dish antenna the complainant was not able to use the T.V. or view any programme in the T.V. Complainant alleges deficiency in service on the part of opposite party for not rectifying the defects in the dish antenna and there by causing hardship to the complainant. Hence this complaint seeking relief along with compensation. Opposite party filed a version denying the averments in the complaint except those that are explicitly admitted. Opposite party admits the fact that complainant had purchased a Videocon T.V., stabilizer and dish antenna and accessories from the opposite party. Opposite party denies the fact that they had assured 5 years guarantee for the dish antenna. Opposite party denies the averment in the complaint that they have not responded to complainant’s request to repair the dish antenna. The complainant did not allow the mechanic of opposite party to repair the dish antenna. The complainant has not given Rs.904/- which is due to the opposite party. There was no negligence or deficiency in service on the part of opposite party. Opposite party has been doing business in dish antenna for about 15 years. Till this time no complaints has come out from any of the customers except the complainant. The complainant has filed this case to evade from paying the balance amount of Rs.904/-. As there is no deficiency on the part of opposite party, opposite party prays to dismiss the complaint with cost to opposite party. The only point for consideration is whether the complainant is entitled for any relief? PW1 was examined and Ext.A1 to A5 were marked on complainant’s side. No oral or documentary evidence on opposite party’s side. The case of the complainant is that he purchased a Videocon T.V., stabilizer and dish antenna along with accessories from the opposite party. Within one month of purchase the dish antenna got rusted and became non functioning. According to the complainant he informed the defect of the dish antenna several times to the opposite party. But the opposite party did not repair the antenna. Complainant’s case is that because of the defective dish antenna he could not view programmes in the T.V. Opposite party in their version had stated that opposite party’s mechanic was sent to the complainant’s house but the complainant did not allow to repair the dish antenna. From the evidence and version of the opposite party Forum has come to the conclusion that the dish antenna is not functioning. Hence Forum is of the opinion that the complainant is entitled to get the dish antenna repaired and make it functioning. In the result the petition is allowed and the opposite party is directed to make the dish antenna defect free and functioning. Opposite party is directed to comply the order within one month from the date of receipt of copy of the order. Pronounced in the open court this the 31st day of December 2009. Sd/- Sd/- Sd/- PRESIDENT MEMBER MEMBER APPENDIX Document exhibited for the complainant. A1. Photocopy of receipt. A2. Photocopy of receipt. A3. Photocopy of cash bill. A4. Photocopy of registered notice. A5. Returned cover with acknowledgement. Document exhibited for the opposite party. Nil. Witness examined for the complainant. PW1. Balan.M.P. (Complainant) Witness examined for the opposite party. None Sd/- President // True copy // (Forwarded/By order) SENIOR SUPERINTENDENT.
......................G Yadunadhan
......................Jayasree Kallat
......................L Jyothikumar | | 
