Tamil Nadu

South Chennai

CC/50/2014

Atma Ram - Complainant(s)

Versus

TATA Croma-826 - Opp.Party(s)

Party in person

21 Sep 2015

ORDER

                                                                                   Date of Complaint  : 26.12.2013

                                                                                    Date of Order        :21.09.2015

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,                              :  PRESIDENT                     

                      TMT.K. AMALA, M.A. L.L.B.,                                             :  MEMBER – I

                   TR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS :  MEMBER II

                                                                  

C.C.No. 50 / 2014

THIS  MONDAY  THE 21^ST  DAY OF SEPTEMBER  2015

 

Atma Ram,

Qtr. No.1 Malligai,

Anupuram Township,

Anupuram Post,

Kanchipuram District.

Tamil Nadu 603 127.                                      .. Complainant.

                                                          - Vs-

The Manager, M/s. Tata Croma -826, Tarapore Towers, Ground Floor, Anna Salai, Mount Road, Chennai 600 0002                                            .. Opposite party.		.. Opposite party.

 

For the complainant                        :   Party in person    

For the opposite party                    :   Exparte    

 

     Complaint under section 12  of the Consumer Protection Act, 1986 for a direction to the opposite party  to rectify the fault television or to return

the cost of the television  Rs.20,839/- and also to pay a sum of Rs.1,00,000/- as compensation towards deficiency of service and mental agony to the complainant.   

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

Even after receipt of the notice, the opposite party did not file written version.  Hence, the opposite party was set exparte on  18.11.2014.   The complainant filed proof affidavit.  Exhibits A1 to A3 were marked on the side of the complainant.  

2.     Perused the complaint, and the documents the Ex.A1 to Ex.A3 filed by the complainant  and proof affidavit and the entire C.C. records and considered the arguments of the complainant in person.  

3.     The complainant purchased the complaint mentioned  Sony model Television  on 2.1.2010 for a sum of Rs.32,900/- from the opposite party which is proved by Ex.A1.    The complainant has stated that the said Television was not functioning properly within the warranty period and as such the complainant approached the opposite party for rectifying the defect  in the said Television in the year 2012. The warranty card marked as Ex.A2 also proves that the said T.V. is covered under warranty.     Despite of his several demands the opposite party did not rectify the defect.  Hence he sent the complaint to the opposite party on 18.12.2012 vide the complaint No.67505.   Since the opposite party never come forward to rectify the defect he sent the complaint through registered post on 20.5.2013 to rectify the defects or replace with new one, which is evidenced as Ex.A3.   But the opposite party never repaired the Television nor replaced by giving a new one.    Hence the complainant filed the above complaint seeking relief for rectification of the fault in the Television  with compensation and cost of the complaint.

 

4.     After filing of the complaint in his affidavit the complainant admitted that the opposite party had replaced the Television for value of Rs.29,607/-.   Consequently the complainant came forward with a prayer for return of balance amount of Rs.20,839/- with interest and compensation of Rs.1,00,000/- with litigation charges.   

 

5.     However considering the fact and circumstances the original Television purchased for Rs.32,900/- and the complainant himself admitted that the said television was replaced by the opposite party by giving another television for the value of Rs.29,607/-   in the month of August 2014.    As such the opposite party is liable to pay the balance amount of Rs.3,293/-  (i.e Rs.32,900/- -  Rs.29,607 = Rs.3,293/-)  with interest at the rate of 9% p.a. from  the date filing the complaint i.e. 26.12.2013 will be reasonable.

6.     Since the complaint mentioned Television was replaced by the opposite party with another new Television it is admitted that the opposite party sold defective one.   Whereas only after filing the complaint it was replaced during August 2014.   

7.  As such, further for the deficiency of service committed by the opposite party in this regard we are of the considered view that the opposite party is liable to pay compensation to the complainant.  As such the opposite party may be directed to pay a sum of Rs.10,000/- as just and reasonable compensation and also to pay a sum of  Rs.2,500/- as litigation charges.

8.     Accordingly we are inclined to allow the complaint in part.   Contrary to this in respect of other claims made by the complainant are rejected  as not sustainable. 

 

        In the result, the complaint is partly allowed and the opposite party is directed to pay the balance amount of Rs. Rs.3,293/-  (i.e Rs.32,900/- -  Rs.29,607 = Rs.3,293/-)  with interest at the rate of 9% p.a. from  the date filing the complaint i.e. 26.12.2013 to till the date of payment and also to pay a  sum of Rs.10,000/- (Rupees Ten thousand only) as compensation  and also to pay a sum of  Rs.2,500/- (Rupees Two thousand and five hundred only)  as litigation charges  to the complainant within six weeks from the date receipt of copy of this order failing which the amount Rs.10,000/- shall carry interest at the rate of 9% p.a. from the date of order passed till the date of payment.        

                Dictated directly by the Member-I to the Assistant, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the 21^ST    day of  September  2015.

 

 

MEMBER-I                                        MEMBER-II                                          PRESIDENT.

Complainant’s Side documents :

Ex.A1-  2.1.2010       - Copy of Tax invoice.

Ex.A2- 2.1.2010        - Copy of warranty card.

Ex.A3- 20.5.2013      - Copy of legal notice.

Opposite party’s side documents: -    .. Nil ..   (exparte)

 

 

 

MEMBER-I                                         MEMBER-II                                        PRESIDENT.