Date of filing : 10-12-2010
Date of order : 11-03-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 265/2010
Dated this, the 11th day of March 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Ramesh Naik.S,.M,
Residing in ‘Aradhana’ } Complainant
Po. Ramdas Nagar, Kasaragod.
(In Person)
Samsung India Electronics Pvt. Ltd, } Opposite party
Service Centre at SB 5/22,
Near Makkani, South Bazar,
Kannur.670002.
(Exparte)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
Bereft of unnecessaries the case of complainant is as follows:
Complainant, Ramesh Naik purchased a Samsung DVD system for `14800/- from M/s Star Systems & Services, Kasaragod on 15-10-2005. Complainant sent the DVD for service to opposite party as per work order No.01911 dated 15-06-2010. After many contacts opposite party told the complainant that the lens of the system has defective. Again when contacted the opposite party told that there is a defect to the circuit board of the system and the opposite party suggested him to take back the system. Then complainant contacted the manufacturer of the DVD and they told that they have nothing to do with. Hence the complaint. Though Notice to opposite party issued by registered post has been duly served, they failed to appear before the Forum. Hence opposite party had to be set exparte.
2. Complainant adduced evidence as PW1. Exts A1 to A3 marked.
3. Complainant deposed that he availed a loan to purchase the DVD and he repaid `16800/- in the said account. He further deposed that when he entrusted the DVD with opposite party on 15-06-2010 they told that whether the DVD can be repaired or not can be intimated within a week. But thereafter they did not contact him and the DVD is neither repaired nor returned to him.
4. The points to be considered in this case are:
1. Whether there is any deficiency in service on the part of opposite party?
2. Whether the complainant is entitled for the relief claimed?
3. The relief and costs?
For the sake of brevity all the points are answered together.
5. Admittedly the guarantee/warranty of the DVD system purchased by the complainant is already over. There is no service warranty also. Therefore it could not be considered that the non–repairing of the DVD itself tantamounts to any deficiency in service. Even according to complainant, when the DVD was entrusted with opposite party they stated that they will give a report within a week whether the DVD can be repaired or not. But no such report is furnished to the complainant. The opposite party is a service centre. When one starts a service centre impliedly undertakes that he is /they are ready to undertake the services and the customers act on that belief. In this case opposite party did not report regarding their ability or disability to repair the DVD.
Therefore we direct the opposite party to repair the DVD and return it to the complainant within one month from the date or receipt of copy of order. The complainant shall pay the repair charges for the service. Failing which they shall return the DVD to the complainant as in the condition it entrusted with them together with a compensation of `2000/- and a cost of `1000/- within the time above mentioned.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. 15-10-2005. Copy of Retail Invoice.
A2. Work order.
A3.Credit Card.
PW1. Ramesh Naik.S.M.
Sd/- Sd/- sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by order
SENIOR SUPERINTENDENT
