ADV. RAVI SUSHA, MEMBER.

            Complainant purchased a VCD set from t6he 1^st opp.parties shop on 6.9.2003 for Rs.6200/-.  But the set failed to function on 20.11.2003.  For repairing the set, the complainant entrusted the set to the 1^st opp.party’s shop room.  But after the registered notice dt. 21.7.2005,  1^st opp.party informed the complainant to take back the repaired set.   From the starting period itself the Radio part of the set is not functioning properly.   After the repaired also the set is not functioning properly.   Thus the opp.parties committed deficiency in service.  Hence filed this complaint for getting compensation.

Opp.parties 1 and 2 filed version denying the contentions of the complaint.   According to them there is no deficiency in service or unfair trade practice from their side and prays for the dismissal of the complaint with their cost.

Complainant was examined as PW.1 and marked Ext.P1 to P4 series.   After that from the complainant’s side an expert was appointed and the expert’s report was marked as Ext. X1.  In expert report it is clearly mentioned that the radio is a two band AM/FM, was not working and the defect noted in the set are due to manufacturing defect of the concerned modules.   Through Ext.P1 to P4 series and Ext. X1  the complainant proved his case that the opp.parties committed deficiency in service to the complainant.  Opp.parties 1 and 2 though filed version did not adduce any oral or documentary evidence or not even cross examined the complainant.  Hence the opp.party’s version stands disproved.  Through the complaint, affidavit and exhibits, and X1 the complainant proved his case that there is deficiency in service from the side of opp.parties.     Hence the complainant is entitled to get relief.

In the result, complaint is allowed.  Opp.parties 1 and 2 are directed to give Rs.15,000/- as compensation to the complainant.  Opp.parties are further directed to pay Rs.1000/- as cost to the proceedings.   The order is to be complied with within one month from the date of receipt of the order.

Dated this the     21^st    day of July, 2010.

List of witnesses for the complainant

PW.1. -  G.K. Ashok Kumar

List of  documents for the complainant

P1. – Warranty card

P2. – Receipt dt. 6.9.2008

P3. – Copy of letter dt. 21.7.2005

P4. – Postal receipt

X1. – Expert report

List of witnesses and documents for the opp.parties :NIL