IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 30th day of September, 2014
Filed on 04.06.2013
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.174/2013
Between
Complainant:- Opposite parties:-
Sri. Vijulal. G. 1. Samsung India Electronics
Variyam Veedu Pvt. Ltd., 2nd, 3rd and 4th Floor
Mayithara P.O. Tower C, Vipul Tec Square
Cherthala, Alappuzha Sector 43, Gurgaon – 122009
(By Adv. Charles Isaac) Haryana, India
(By Adv. K.T. Anishmon)
2. Samsung Service Centre
Near Vellakkinar Junction
Alappuzha
O R D E R
SMT. JASMINE D. (MEMBER)
The facts of the complaint in short are as follows:-
The complainant who is a Civil Police Officer purchased a TV manufactured by the first opposite party from the Police Canteen on 1.11.2012. On 19.11.2012, the complainant noticed defects in the TV and a complaint was registered before the 2nd opposite party who is the service centre of first opposite party. After 3 days, the representative from the second opposite party came and inspected the TV set and informed that the panel of the TV set was defective and it will take 15 days to replace the same. But the defect was not cured even after said period. The complainant further alleged that the said defect arose within a few days from the date of purchase and within the warranty period itself. So he is entitled to get it repaired free of cost. The complainant also sent a lawyer’s notice to the opposite parties. But till now the opposite parties have not cured the defect of the TV. This has caused much mental agony and hardships to the complainant. Hence filed this complaint seeking direction against the opposite parties to rectify the defects at free of cost together with compensation.
2. Notice against the opposite parties were served. First opposite party represented and filed version. Second opposite party has not appeared before this Forum, hence set exparte. The version of the first opposite party is as follows:-
The opposite party has not received any complaint from the complainant, also panel board of the TV was defective due to the misuse of the customer and it was informed to the complainant. Also opposite party has offered free of cost repair of the product. The first opposite party further contended that the warranty offered by the opposite parties is not a replacement warranty, but a service warranty. Also when the representative of the opposite party contacted the complainant, he was not willing for a settlement. The averments made by the complainant are without any merits, so complaint may be dismissed with costs.
3. Complainant was examined as PW1 and documents produced were marked as Exts.A1 to A4. Ext.A1 is the bill dated 1.11.2012 towards the purchase of the Samsung LCD TV, Ext.A2 is the lawyer’s notice dated 12.2.2013, Ext.A3 series are the postal receipts and Ext.A4 is the acknowledgment card. No oral or documentary evidence were marked on the side of the opposite parties.
4. Considering the allegations of the complainant and contentions of the first opposite party, the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get any reliefs?
5. Points 1 and 2:- Issues 1 and 2 can be considered together. The specific case of the complainant is that he had purchased a TV manufactured by the first opposite party. After a few days from the date of purchase of the said product the complainant realized the same was defective and the complainant registered a complaint before the second opposite party who is the service centre of the first opposite party. The second opposite party informed the complainant that the panel board of the said TV was defective and it would be replaced within 15 days. But the opposite parties failed to do so. The complainant also sent a lawyer’s notice dated 12.2.2013. But till now the defect was not cured and this has caused much mental agony and hardships to the complainant. The first opposite party filed a memo on 11th December, 2013 stating that the first opposite party has willing to settle the matter by providing repair the TV at free of cost, since it is covered by the warranty. But the matter was not settled. According to the complaint he purchased the TV on 1.11.2012 and the complaint was registered before the second opposite party on 19.11.2012. Thereafter a lawyer’s notice was sent on 12.2.2013, but the opposite parties have not made any efforts to rectify the defect of the TV. It is only on 11.12.2013. The first opposite party expressed their willingness to repair the TV at free of cost. The complainant submitted that it is from 19.11.2012 the TV set is showing defect. So the Forum finds that there is deficiency in service on the part of the opposite parties. The complainant is entitled to get the TV repaired, we think that the complainant is also entitled to get the warranty extended for a further period of one year from the date of delivery of the repaired TV.
In the result, the complaint is allowed. The opposite parties are directed to rectify the defects of the TV of the complainant at free of cost. The first opposite party is also directed to extend the warranty for a further period of one year from the date of delivery of the repaired TV. The opposite parties are further directed to pay an amount of Rs.2000/- (Rupees two thousand only) towards compensation and Rs.1000/- (Rupees one thousand only) towards costs to the complainant. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 30th day of September, 2014.
Sd/- Smt. Jasmine.D. (Member) : .
Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - Vijulal.G. (Witness)
Ext.A1 - Bill dated 1.11.2012 towards the purchase of the Samsung LCD TV
Ext.A2 - Lawyer’s notice dated 12.2.2013
Ext.A3 Series - Postal receipts
Ext.A4 - Acknowledgment card
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
