This C.C coming on before us for final hearing, on 31-10-2008 in the presence of Smt.P.Padmavathi, Advocate for Complainant, and in the presence of Sri. M.Vijay Bhaskar, Advocate for the opposite party ; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Sri.K.V.Kaladhar, Member )
1. This complaint is filed under section 12(1) of the Consumer Protection Act, 1986 with the following averments;
2. The brief facts of the complainant are that the complainant had purchased the Refrigerator and Haier Home Theatre DVA 600, costing for Rs.19,418/- i.e., Rs.10,500/- towards the cost of Refrigerator and Rs.8,918/- towards the cost of Haier Home Theatre from the shop of the opposite party on 29-12-2005 vide bill No.34. The opposite party had issued Haier warranty for 12 months. That after purchase of the said Haier Home Theatre the complainant used the same for about one month only. Thereafter the complainant could not use the same as there was voice Break leake and damage the head. The complainant had given a complaint to the opposite party and then the service boy came to the house of the complainant and said that within two months they would replace the item and he found that the picture is shacking and not open and not reading the CD and any CD put it was shown as Bad disc etc. That the complainant made many rounds to the opposite party to replace the said item but they have postponed the same on one pretext or the other. About 10 days back the complainant approached the opposite party and requested to replace the said item then the opposite party failed to do and replied that he did not do anything and threatened the complainant not to ask for replacement of item. Hence this complaint.
3. Hence it is prayed that the Hon’ble Forum may be pleased to direct the opposite party either to replace the Haier Home theatre or to return Rs.8,918/- and to pay Rs.5,000/- towards mental agony and damages caused to the complainant and to award costs of the complainant Rs.2,000/- and to grant any other relief .
4. The complainant filed his affidavit and also filed chief affidavit.
The complainant filed the following documents:
Ex A1: Original invoice No. 34 , dated 29-12-05 for total Rs.19,418/-. Ex A2: Haier warranty vide No.0409000225, dated 29-12-2005.
5. The notice of opposite party served on 2-3-07 and one Advocate filed vakalat on behalf of opposite party on 26-4-07. Since then the opposite party took so many adjournments to file counter. At last the case was adjourned on cost of Rs.50/- by 27-12-2007. Even on that date the counter not filed and costs were also not paid and this Forum deemed that opposite party has no counter.
6. The point for consideration is whether the complainant is entitled as prayed for?
7. It is the contention of the complainant that he purchased Haier Home Theatre for Rs.8,918/- from the opposite party on 29-12-2005 vide bill No.34. After purchase of the said Home theatre the complainant used the same for about one month only. Thereafter the complainant could not use the same as there was voice break leake and damaged the head and this was also informed to the opposite party and then the service boy came to the house of the complainant and said that within two months they would replace the item and the service boy also found that the picture is shaking and not open and not reading the C.D. and any CD put it was shown as bad disc. The complainant made many rounds to the opposite party to replace the defective said item but they have postponed the same on one pretext or other. To prove his contention the complainant filed original invoice which was marked as Ex A1 and also filed warranty for 12 months of DVD Haier Home Theatre which was marked as Ex A2.
8. After perusing these two documents we are of the considered opinion that after purchase of the DVD Home Theatre by the complainant it could not work properly and the said DVD was within warranty period.
9. Hence, we are of opinion that the DVD Home Theatre is having manufacturing defect and the complainant is having right to ask for replace the said item itself.
10. Hence we direct the complainant to handover the defective Haier Home Theatre DVA 600 to the opposite party and we direct the opposite party to replace the same with a new same brand Haier Home Theatre DVD 600 to the complainant or pay Rs.8,918/- to the complainant and also we direct the opposite party to pay an amount of Rs.500/- towards the litigation costs. Accordingly this C.C. is allowed.
Dictated to the Stenographer, Corrected and pronounced by us, in this Forum on this 6th day of November, 2008.
President Member Member
District Consumers Forum, Khammam
APPENDIX OF EVIDENCE
WITNESS EXAMINED FOR
Complainant Opposite parties
Nil Nil
DOCUMENTS MARKED FOR
Complainant
Ex A1: Original invoice No. 34 , dated 29-12-05 for total Rs.19,418/-.
Ex A2: Haier warranty vide No.0409000225, dated 29-12-2005.
Opposite parties
Nil
President Member Member
District Consumers Forum, Khammam
