IN THE CONSUMER DISPUTES REDRESSAL  FORUM, KOLLAM

Dated this the   25^th   Day of  July   2019

  Present: -  Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President

                   Smt.S.Sandhya Rani, BSc,LL.B, Member

                                                        CC No.274/18

Venugopalan Nair                                        :         Complainant

Ippullazhikam

Kottappuram,Paravur.

V/s

1. Sivaprasad                                         :         Opposite parties

P.G.K Home Mart

Main Road,Chathannoor, Kollam.

2. The Manager

Technokart India Ltd.

Cochin.39/6481,South Point Building, IIFloor

M.G.Road, Ravipuram, Cochin.

FAIR ORDER

Smt.S.Sandhya Rani, BSc,LL.B, Member

This is a case based on a consumer complaint filed under Section.12(1)(a) of the Consumer Protection Act.

The allegations in the complaint in short are as follows:-

The complainant has purchased a LED-32" TV(HYUNDAI) from 1^st opposite party on 13.09.2016 for Rs.14,999/- with 5 years warranty by deducting exchange value Rs.1,000/-.  On 06.09.2018, when the TV became damage, the complainant informed the same to the authorised service centre of Hyundai and one technician from service centre came to the house of complainant and examined the TV and identified the defect that picture tube of the TV was damaged and he went away by assuring the complainant that the defect of the  TV will be cured within one week.  Even though the complainant  has reminded  the  same several  time thereafter the 1^st opposite party didn’t take

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any steps to replace  the picture tube till now.  The complainant prays for either to replace  the defective picture tube with a new one or to return Rs.13990/- being the value of the TV.

Though notice was served on  opposite party No.1, he remained  exparte and notice send to opposite party 2  returned  unserved stating addressee left.  Statement of the complainant has been recorded by the Forum and marked Ext.A1 and A2.  The unchallenged evidence deposed by the complainant as  PW1 coupled with Ext.A1 and A2 documents would establish the following.

The complainant has purchased a LED 32" TV(Hyundai) from 1^st opposite party Sivaprasad, P.G.K Home Mart, Main Road, Chathannoor, Kollam by paying Rs.13,990/- after deducting Rs.1,000/- as exchange value.  Ext.A1 bill  issued by 1^st opposite party would corroborate the purchase of LED TV from 1^st opposite party shop.  Thereafter on 06.09.2018, the TV became damaged and the complainant informed the same to the 1^st opposite party and he sent a technician from Hyundai service centre and he examined the TV and identified the defects that picture tube of the  TV was damaged and he assured the complainant that it would be cured by replacing the picture tube within one week.  Ext.A2 extended  Service Benefit Card  would show that 5 years warranty has been given to the TV and  the defect has been occurred within 2 years of its purchase.

          Even though 1^st opposite party received notice, from this Forum  who didn’t appear before the Forum nor filed any version.

          In the circumstances it is clear that there  is deficiency in service and unfair trade practice on the side of opposite parties.  Therefore the complainant is entitled to get the TV cured by replacing a new picture tube   or to  get the price of TV refunded from opposite parties.

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          It is also brought out in evidence that the complainant though spend Rs.13,990/- rupees as purchase value of TV as per  Ext.A1 bill, he could not use the same properly at least two years.  In that way the complainant has also sustained severe mental harassment apart from financial loss.  Therefore the complainant is entitled to get compensation and cost of proceedings from the opposite parties.  Considering the facts and circumstances of this case we are of the view that Rs.5,000/- shall be sufficient compensation and Rs.3000/- as cost of proceedings.

          In the result complaint stands allowed in the following terms.

1. The opposite parties are directed either to replace the picture tube of TV or to give purchase value  Rs.13,990/- of  TV to the complainant.
2. The opposite parties are directed to pay Rs.5,000/- as compensation and Rs.3000/- as cost of the proceeding to the complainant.
3. Opposite parties are directed  to comply with the directions within 45 days of this order failing which the complainant is entitled to realise Rs.18,990/- with interest @ 9% p.a from the date of complaint till realisation along with costs Rs.3000/- from opposite parties No.1&2 and from their assets.

Dictated to theConfidential Assistant Deepa.S transcribed and typed by her corrected by me and pronounced in theOpen Forum on this the25^thday ofJuly2019.

E.M.Muhammed Ibrahim:Sd/-

S.Sandhya Rani:Sd/-

Forwarded/by Order

Senior Superintendent

INDEX

Documents marked for the complainant:-

Ext.A1:- Billfor Rs.13,990/- dated 13.09.2016

Ext.A2:- Extended Service Benefit Card

E.M.Muhammed Ibrahim:Sd/-

S.Sandhya Rani:Sd/-

Forwarded/by Order

                                                                        Senior Superintendent