O R D E R
Smt. ShajithaBeevi.N (Member I):
The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.
2. The complainant’s case is as follows: -Shri. Rajesh who is the complainant has filed this complaint against the opposite party. The main contention of the complaint is as follows:-
3. Complainant purchased a Television set for a consideration Rs. 9,900/- on 16/08/2019. At the time of purchasing the set, the opposite party has assured thatthe set will be the good condition. On using the television set it became defective within six months period. The matter will be intimated the details of defective,to the opposite party. But the opposite party has refused to rectify the defect or replace the new one. The opposite party has raised unsustainable contention be complainant. The opposite party has refused to repay the amount andrefusal to settle the matter in an amicable way. Hence this complaint.
4. Notice were issued to the opposite parties. But they have not appeared before the Commission in order to state the reason for this matter. But opposite party has not appeared before the commission and not filed any version. Hence this commission declared them as ex-parte. In the absence of the opposite parties the commission has raised the following issues for consideration.
1. Whether the complainant is entitled to get the refund of the
amountif the said.
2. Whether the complainant is entitled to get compensation and
cost.
5. Issue No. 1 & 2:-On a reading of the complaint it is found that the complainant is a bona-fide purchased of television set after remitting the payment of Rs. 9,900/- (Rupees Nine Thousand Nine Hundred only). Since the set became defective. The complainant further contended to the opposite party and requested to repay the amount of the set or rectify the defect. But the 1stopposite party has not ready to settle the matter. The 1stopposite party purposefully evaded from the issues. This shows the unfair trade practice of the opposite parties and dereliction of duty and grossest deficiency of service. For this complainant the opposite parties answerable to the complainant.
6. So we are of the view that complaint is allowed as prayed for. In this context we direct the 1st opposite party to repay the amount of Rs. 9,900/- (Rupees Nine Thousand Nine Hundred only) to the complainant after taking back the defective set from the complainant. The 1st opposite party has to pay a sum of Rs. 5,000/- (Five Thousand only) to the complainant as compensation due to the negligence, derelictions of duty byway of purposeful denial the settle of the matter and unfair trade practice. The 1st opposite party has to pay a cost of Rs. 1,000/-(Rupees One Thousand only) to the complainant as cost. The entire amount noted above shall pay to the complainant by the opposite party within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 31stday of March,2021.
(Sd/-)
Smt. ShajithaBeevi. N
(Member I)
Sri. George Baby (President): (Sd/-)
Sri.NishadThankappan (Member II):(Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1: Rajesh A
Exhibits marked on the side of the complainant:
A1: Tax invoice dated: 16/08/2019.
A2: Warranty card
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:- (1) Rajesh,
Kaappil Kadakampallil,Kadampanadu North P.O,
Kadampanadu
(2) The Proprietor,
Sangeeth Electronics, Central Junction,
(3) The Service Manager,
Haier Service Centre, 221/1 Ward VIII,
Kadammanitta Road, Pathanamthitta – 689645.
(4) Haier Appliances India Pvt. Ltd.,
Building No.1, Okhla Industrial Estate Phase III,
New Delhi – 110020.
(5) The Stock File.
