Date of Order : 31.01.2017
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to refund the price of the aforesaid T.V. i.e. Rs. 12,500/- ( Rs. Twelve Thousand Five Hundred only ) as well as compensation and litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
This case has been filed on the format for the filing the complaint with application appears to be hand written by the complainant. It appears from the format as well as the hand written application that the complainant has purchased a Sansui LED T.V. after paying Rs. 12,500/- as will appear from annexure – 1 from opposite party. It has been asserted that after date of purchase during the guarantee period the T.V. developed certain technical defects. Thereafter the complainant approached opposite party who assured that it will be rectified after few days as there is no serious defect in the T.V.
It has been further asserted that after repeated request and visits the opposite party did not redressed the grievance of the complainant and on 02.12.2014 when the complainant visited the shop of opposite party then opposite party stated that guarantee and warranty are given by the company and hence he is unable to rectify the defect and the complainant was forced to leave the shop after humiliation. Annexure – 1 is the receipt and annexure – 2 is the warranty card.
From bare perusal of annexure – 2 it is crystal clear that the company has extended warranty for one year on all parts of the T.V. subject to the terms and condition mentioned in annexure – 2.
From bare perusal of the complaint petition it appears that when despite registered notice no one appeared then valid tamila was declared vide order dated 12.08.2015 and after that complainant appeared on 17.12.2015 and when opposite party despite allowing several adjournments did not filed written statement then he was debarred from filing of written statement and this case was heard in absence of written statement.
It is needless to say that from bare perusal of annexure – 1 and 2 and facts asserted on format which is affidavited it is crystal clear that opposite party has not redressed the grievance of the complainant during the warranty period.
It goes without saying that as the complainant has asserted the facts on affidavit and there is no counter version of opposite party hence we have no option but to rely on the facts asserted by the complainant.
We direct the opposite party to return Rs. 12,500/- ( Rs. Twelve Thousand Five Hundred only ) ( vide annexure – 1 ) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite party will have to pay an interest @ 10% on the said amount till its final payment.
The complainant is also directed to handover the aforesaid T.V. to the opposite party at the time of receiving the aforesaid amount vide annexure – 1, if the same is in his custody.
Opposite party is further directed to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
