Tamil Nadu

South Chennai

CC/414/2018

Felix Arokiya Raj - Complainant(s)

Versus

Spencer Retail Ltd & Another - Opp.Party(s)

M/s K P Sathish Kumar

14 Aug 2019

ORDER

                                                               Complaint presented on  : 12.11.2018

                                                                 Date of Order                 : 14.08.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.414/2018

DATED THIS WEDNESDAY THE 14^TH DAY OF AUGUST 2019

                                 

I. Felix Arokiaraj,

S/o. Mr. A. Irudhyaraj,

No.2, B, Suilevan Street,

Santhome,

Mylapore,

Chennai – 600 004.                                                         .. Complainant.                   

 

 

                                                                                              ..Versus..

1. The Manager,

Reliance Retail Limited,

Kuppu Arcade,

Plot No.7, Old No.41, New No.60,

Jewellers Garden,

Venkatanarayana Road,

T. Nagar,

Chennai – 600 017.

 

2. The Manager,

Res Q Limited,

3^rd Floor, Court House,

Lokmanya Tilak Marg,

Dhobi Talao,

Mumbai – 400 002.

 

3. The Manager,

Sai Visalakshi Services,

No.52 B, Seethammal Main Road,

Alwarpet,

Chennai – 600 018.                                                ..  Opposite parties.

 

Counsel for the complainant  :  M/s. K.P. Satish Kumar & another

Opposite parties                     :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 to 3 under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.44,154/- paid for RECONNECT TV Model No.RELEG4801 with 24% interest p.a. from the date of filing of the complaint till the date of realization and to pay a sum of Rs.5,00,000/- towards compensation for loss, sufferings and mental agony with cost of the complaint.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that on 25.12.2015, he purchased a RECONNECT TV model No.RELEG4801 from the 1^st opposite party who is the manufacturer and seller. The complainant states that on 31.08.2018, he lodged a complaint for service and the Service Engineer came and inspected the television and informed that the panel for the TV to be replaced.   The 3^rd opposite party who is the Service Provider assured to replace the panel within 10 days.  But there is no response.  On 20.09.2018, the 3^rd opposite party called the complainant over phone and stated that the panel is not available anywhere and the 1^st opposite party will pay 60% of the cost of the TV under Res Q plan.  But the TV itself is under warranty period.  The complainant paid extra cost for extended warranty for 2 years apart from the registered warranty.  The warranty period ends on 24.12.2019. But to the shock and surprise of the complainant he received the reply letter dated:21.09.2018 given by the 3^rd opposite party in which, it is stated that the spare parts are not available and also offered under rescue care plan. 

2.     The complainant submits that as per the Res Q plan, the opposite party has come forward to pay a sum of Rs.21,465.16/- that is the 60% of the net purchase value of the television.  The 3^rd opposite party given 72 hours to confirm the above offer, otherwise, they will close the complaint.  Even the opposite parties’ Res q plan also provides standby unit in case of delayed service and in case of non-availability of parts.   The complainant submits that due to the deficiency in service, the complaint has undergone mental agony and trauma.  Because, his wife Mrs. Vijula Mary program in the Vijay TV on 30.09.2018 which was telecasted at 12.00 p.m. in Neeya Nana programme was not been able to watch by the complainant’s family.  On 25.09.2018 the complainant sent a letter in detail regarding the Res Q care plan subsistence of extended warranty etc for which, the opposite parties has not sent any reply.  Hence on 03.10.2018, the complainant issued legal notice claiming compensation.   The act of the opposite parties 1 to 3 amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

3.     In spite of receipt of notice, the opposite parties 1 to 3 has not been appeared before this Forum and hence, the opposite parties 1 to 3 were set exparte.

4.     Though the opposite parties 1 to 3 were remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

5.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to Ex.A6 are marked.

6.      The points for consideration is:-

1. Whether the complainant is entitled to get reimbursement of a sum of Rs.44,154/- paid towards reconnect television model No.- with interest as prayed for?
2. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony, deficiency in service, unfair trade practice etc with cost as prayed for?

7.      On point:-

The opposite parties 1 to 3 after receipt of notice not appeared in this Forum and remained ex-parte. The complainant has filed proof affidavit, documents and written argument.  Heard the complainant’s Counsel also. Perused the records namely; the complaint, proof affidavit and documents of the complainant.  The complainant pleaded and contended that on 25.12.2015, he purchased a RECONNECT TV model No.RELEG4801 from the 1^st opposite party who is the manufacturer and seller.   Ex.A1 is the copy of bill.   Ex.A2 is the copy of warranty card.  The complainant further contented that on 11.09.2018, he lodged a complaint as per Ex.A3 for service and the Service Engineer came and inspected the television and informed that the panel for the TV to be replaced.   The 3^rd opposite party who is the Service Provider assured to replace the panel within 10 days.  But there is no response.  On 20.09.2018, the 3^rd opposite party called the complainant over phone and stated that the panel is not available anywhere and the 1^st opposite party will pay 60% of the cost of the TV under Res Q plan.  But the TV itself is under warranty period.  The complainant paid extra cost for extended warranty for 2 years apart from the registered warranty proves the deficiency in service.  The warranty period ends on 24.12.2019. Ex.A4 is the reply letter dated:21.09.2018 given by the 3^rd opposite party stating that the spare parts are not available and also offered under Res Q plan. 

8.     Further the contention of the complainant is that as per the Res Q plan, the opposite party has come forward to pay a sum of Rs.21,465.16/- that is the 60% of the net purchase value of the television.  The 3^rd opposite party given 72 hours to confirm the above offer, otherwise, they will close the complaint and the opposite party has not done service of the T.V. also amounts to deficiency in service and unfair trade practice.  The opposite parties even after offered under Res Q plan has not come forward to pay the amount till date.  Equally, the opposite parties has not taken any steps to replace the television or service the television.   The Res Q plan also provides stand by unit in case of delayed service and in case of non-availability of parts.   Further the contention of the complainant is that due to the deficiency in service, the complaint was put to great hardship and mental agony.  Because, his wife Mrs. Vijula Mary program in the Vijay TV on 30.09.2018 which was telecasted at 12.00 p.m. in Neeya Nana programme was not able to watch by the complainant’s family.  On 25.09.2018 the complainant sent a letter as per Ex.A5 in detail regarding the Res Q care plan subsistence of extended warranty etc for which, the opposite parties has not sent any reply.  Hence on 03.10.2018, the complainant issued legal notice as per Ex.A6 claiming compensation.  The opposite party remained ex-parte has not come forward to take any defence.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 to 3 are jointly and severally shall pay a sum of Rs.44,154/- being the cost price of the television with a compensation of Rs.15,000/- with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.  The  opposite parties 1 to 3 jointly and severally are directed to pay a sum of Rs.44,154/- (Rupees Forty four thousand one hundred and fifty four only) being the cost price of the RECONNECT Television and to pay a sum of Rs.15,000/-  (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

  The above  amounts shall be payable  within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 14^th day of August 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	25.12.2015	Copy of billing number CIN No.U01100MH1999PLC120563 dated:25.12.2015 of the 1st opposite party
Ex.A2		Copy of warranty card No.297485 given by the 2nd opposite party
Ex.A3	11.09.2018	Copy of complaint given by the complainant to the opposite party
Ex.A4	21.09.2018	Copy of reply given by the 3rd opposite party
Ex.A5	25.09.2018	Copy of letter sent by the complainant to the opposite party dated:25.09.2018
Ex.A6	03.10.2018	Copy of legal notice sent by the complainant with acknowledgement due

 

 

MEMBER                                                                                PRESIDENT