O R D E R
Smt. K.P. Padmasree (Member- I):
Complainant Smt. Bindu Yasodharan, Vaisakham, Pariyaram.P.O., Elanthoor, Pathanamthitta has filed this complaint against the opposite party for getting a relief from the Forum.
2. Brief facts of the case is as follows:- Complainant entrusted her Samsung made T.V set for repair to the opposite party on 12.12.2014. The T.V was actually brought from abroad by the complainant’s husband. The complainant alleged that the opposite party demanded Rs.5,000/- as service charge for repairing the T.V. Afterwards the complainant informed them that she is not willing to spend such huge amount as service charge. But the opposite party demanded Rs.5,000/- as service charge and they took a stand that if it is not paid the T.V will not be handed over to the complainant. Complainant demanded the opposite party to handover the T.V as its former condition in which it was given for repair. She approached the opposite party on 13.12.2014 and 15.12.2014 for getting back her T.V set but the opposite party sticks on their former demand. The above said act of the opposite party is a clear deficiency in service which caused mental agony to the complainant. Hence this complaint for getting the T.V in the same stage.
3. Opposite party entered appearance and filed their version with the following contentions: Opposite party admit that complainant entrusted a Samsung T.V set with them for repairing. At the time itself opposite party informed her that T.V sets imported from abroad will cost Rs.5,000/- as service charge. The defect of the T.V set is occurred due to lightening. Opposite party made order for substituting the damaged parts from Kochi and it would arrived on 13.12.2014 and the complainant were informed this fact after repair. But when the opposite party informed the complainant to collect their T.V after giving service charge, the complainant replied that she did not want to get the T.V repaired. Then the opposite party informed that the part was brought from Kochi therefore she is liable to pay service charges. After that she never approached the opposite party. Therefore there is no deficiency in service from the part of the opposite party.
4. Even though the opposite party filed version, they have not turned up at the trial stage.
5. On the basis of the pleadings of the complaint, the only point to be considered is whether this complaint can be allowed or not?
6. The evidence of this case consists of the oral testimony of the complainant and Ext.A1. After closure of evidence, complainant was heard.
7. The Point:- Complainant’s allegation is that she had entrusted her T.V. set with the opposite party for repairing. But they demand Rs.5,000/- as service charge. Complainant is not ready to pay such huge amount so she demanded her T.V set back. But the opposite party is not ready to return back the T.V set without paying service charge of Rs.5,000/- which is a deficiency in service from the part of the opposite party and opposite party is liable to the complainant for the same. Therefore, the complainant prays for getting back the un-repaired T.V set with cost and compensation.
8. In order to prove the case of the complainant, complainant was examined as PW1 and document produced by her was marked as Ext.A1. Ext.A1 is the customer service record issued by the opposite party to the complainant on 12.12.2014.
9. On the basis of the available materials and Ext.A1 it is seen that complainant had entrusted her T.V set to the opposite party. In the version opposite party stated that they have repaired the T.V set. Complainant also admit that opposite parties informed her that T.V set is repaired and its service charge and labour charge costs Rs.8,000/-. But opposite party did not adduce any evidence before the Forum, we are constrained to rely upon the evidence adduced from the side of the complainant. Therefore, we are of the view that there is deficiency in service on the part of the opposite party. Hence the complainant is entitled to get reliefs.
10. In the result, the complaint is allowed in part. The opposite party is directed to hand over the T.V set in good condition to the complainant within 10 days from the receipt of this order after collecting Rs.3,000/- (Rupees Three Thousand only)as service charge and labour charge and give proper receipt to the same. The opposite party is further directed to pay Rs.1,000/- (Rupees One Thousand only) as cost and compensation to the complainant. The order has to be complied within 10 days from the date of receipt of this order, failing which the compensation of Rs.1,000/- will carry interest at 12% per annum till the date of complying the order.
Declared in the Open Forum on this the 28th day of February, 2015.
(Sd/-)
K.P. Padmasree,
(Member – I)
Sri. P. Satheesh Chandran Nair (President) : (Sd/-)
Smt. Sheela Jacob (Member – II) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Bindu Yasodharan
Exhibits marked on the side of the complainant:
A1 : Customer service record issued by the opposite party to the
complainant on 12.12.2014.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Bindu Yasodharan, Vaisakham, Pariyaram.P.O.,
Elanthoor, Pathanamthitta.
(2) Shop Manager, Samsung Service Centre,
Vettippuram, Pathanamthitta.
(3) The Stock File.
