Andhra Pradesh

Chittoor-II at triputi

CC/49/2019

T.Hemanth Kumar, s/o T.Apparao - Complainant(s)

Versus

Techno Kart India Limited, Rep. by its Authorized Signatory - Opp.Party(s)

M.Subhashini

07 Feb 2020

ORDER

         

 

                                                                                                                                              Filing Date: 01-05-2019                                                                                                                                                                                      Order Date: 07-02-2020

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, CHITTOOR AT TIRUPATI.

Present: - Sri.T.Anand, President (FAC)

                                                                                                Smt.T.Anitha, Member

 

 FRIDAY THE SEVENTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY

 

C.C.No.49/2019

Between

T. Hemanth Kumar, S/o. T. Appa Rao,

Hindu, aged about 23 years, residing at

D.No. 20/49/S3/363, Sanjay Gandhi Colony,

Korlagunta, Tirupati, Chittoor District – 517501

Andhra Pradesh.                                                                           … Complainant

 

And

1. Techno Kart India Limited.,

Represented by its Authorized Signatory,

Regd Office at Auto Cars Compound,

Adalath Road,

Aurangabad – 431005,

Maharashtra.

 

2. Techno kart India Limited.,

Represented by its Authorized Signatory,

Opposite: Dhanekula Kalyanamandapam,

Tadigadapa, Vijayawada – 521137.

 

3. Sri Sai Electronics,

Represented by its authorized Signatory,

D.No. 20-48-S26-30

MP7/91     1/4

Maddemanu Veedhi,

Beside Udayee Cafee,

Karakambadi Road, Tirupati.

 

4. Videocon Industries Limited.,

Represented by its Authorized Signatory,

14 Km Stone,

Aurangabad – Paithan Road,

Village Chittegaon,

Taluka Paithan,

Aurangabad – 431105,

Maharashtra.

 

5. Take Care India Pvt Ltd.,

Represented by its authorized Signatory,

D.No.30-1-9, Arundalpet,

Kummaraiah Street,

Near Vijaya Talkies,

Eluru Road,

Vijayawada.                                                                      …  Opposite Parties

 

        This complaint coming on before us for final hearing on 24.01.2020 and upon perusing the complaint and other relevant material papers on record and on hearing of Sri.M.Subhashini, counsel for the complainant, and opposite parties 1, 3, 4 & 5 are remained exparte and complaint against opposite party No.2 is hereby dismissed as not pressed by the complainant having stood over till this day and for consideration, the Forum made the following.

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

          This complaint is filed by the complainant under section-12 & 14 of the Consumer Protection Act 1986, complaining the deficiency in service on part of the opposite parties and prayed this Forum to direct the opposite parties i) to pay jointly or severally the purchase amount of Videocon TV 50 Inches with item Code 14000028350 and description LEDVKV50FH16XAF A1 of Rs.40232.50/- along with interest @ 24% p.a. from the occurrence of the defect in product i.e. 09.04.2018 till the date of realization, ii) to pay Rs.1,00,000/- towards compensation for mental agony and financial loss caused to the complainant and iii) to pay Rs.5,000/- towards costs of the complaint.

          2.The brief facts of the case are: The complainant purchased Videocon TV 5’0 Inches set from opposite party No.2 with item code 14000028350 and description LEDVKV50FH16XAF A1 on 31.05.2016 for the consideration of  Rs.40,232.50/-, the above said television got warranty period of one year comprehensive warranty with two years of extended warranty. The complainant further submits that in the month of April 7^th 2018 the said TV started giving trouble in  the display of screen panel on account of which, the picture on the screen became invisible. Hence he lodged a complaint which was registered by the opposite party No.1 with reference No.VIJ0904180032 on 09.04.2018 and the complainant received response vide SMS, that the product will be rectify by SOMU 9948077554 at SVC Point 9160043637 i.e. opposite party No.3 who is the authorized service centre. As per the said instructions, the complainant handed over the TV to the opposite party No.3 for repair but the problem could not be rectified. Again he received communication through SMS on 27.04.2018 from the opposite party No.1 that the defective product would be serviced by N9000875366 at SVC Point 9160043637 i.e. opposite party No.3 the authorized service centre.  However in spite of repeated visits to the office of the opposite party No.3 since the date of placing defective product in their hands for repair to till date there was no response from their side. Hence the defect in the product was not rectified and also they have not provided any product in the place of defective product and remained silent. Hence he caused a legal notices to the opposite  parties 1 to 3 on 14.09.2018 and again on 11.10.2018 to the opposite parties 1 to 5  calling upon them to take back the defective product purchased from them and return the amount paid for the purchase of the product i.e. Rs.40,232.50/- along with interest @ 24% p.a. from the date of the purchase and to pay damages. While opposite parties 1 and 2 evaded to receive the legal notices and the opposite parties 3 to 5 in spite of receipt of notices they have  not caused any reply notice. Hence the complainant filed the present complaint.

          3.  After receipt of the notices, the opposite parties 1, 3, 4 and 5 failed to appear before this forum. Hence this forum called absent and set exparte.

          4.  The counsel for the complainant filed the memo on 24.07.2019 by stating that he is not pressing the case against the opposite party No.2. Hence the case against opposite party No.2 is dismissed as not pressed.           

           5. The complainant filed his evidence on affidavit and Ex: A1 to A6 were marked. The complainant filed his written arguments and oral arguments were heard.

          6. Now the point for consideration is:-

        Whether there is any deficiency in service on part of the opposite parties? If so, to what extent, the complainant is entitled for the reliefs sought for?

                    7.Point:-   The main case of the complainant is that he purchased Videocon TV 5”0 Inches set from the opposite party No.2 for Rs.40,232.50/- under Ex:A1 and got comprehensive warranty period of one year and  extended warranty period of two years under Ex:A2.

                     The counsel for the complainant submits that, during the warranty period on April  7^th 2018,  the television started  giving trouble  in display screen panel, on account of which the picture on the screen is not visible. Hence the complainant lodged the complaint on 09.04.2018 which was registered by opposite party No.1 with reference No. VIJ0904180032 and the complainant received response through SMS under Ex:A3 that the product will be rectified by SOMU 9948077554 at SVC Point 9160043637 i.e. opposite party No.3 authorized service centre. As per the directions of opposite party No.1, the complainant handed over the television set to opposite party No.3 for repair but the opposite party failed to rectify the problem. Again the complainant received communication through SMS on 27.04.2018 under Ex:A3 from the opposite party No.3 stating that the defective product serviced by N9000875366 at SVC Point 9160043637. In spite of repeated visits by complainant to the opposite party No.3, the problem has not been rectified since the date of placing the defective product in their hands for repair even till date of filing complaint. The counsel for the complainant further stated that, the opposite parties neither rectified the defect in the product nor replaced the defective one with quality and functional product nor did they refund the amount paid by the complainant for the purchase of TV set. 

                      8. The complainant further admitted that he issued legal notices to the opposite parties 1 to 3 on 14.09.2018 and again on 10.10.2018 sent legal notices to the opposite parties 1 to 5 under Ex:A4 calling upon them to take back the defective product purchased by the complainant and refund the amount which was paid by the complainant for the purchase of TV set worth Rs.40,232.50/- with interest @ 24% p.a. from the date of the occurrence of the defect in product i.e. 09.04.2018 and to pay Rs.1,00,000/- towards damages. Even after receipt of notices issued by this forum, they did not respond and failed to appear before this forum and challenge the contentions of the complainant and prove the bonafides on their part.  In the above circumstances, the fact remains that the television got damaged with in warranty period and the complaint allegations remained unchallenged and as such the complaint has to be allowed.        

                    9. In the result, the complaint is allowed in part directing the opposite parties 1, 4 and 5 jointly and severally to pay the cost of Videocon TV 50 inches set worth Rs.40,232.50Ps (Rupees forty thousand two hundred and thirty two and fifty paise only) as per Ex:A1with interest @ 9% p.a. from the date of the complaint till realization. The opposite parties 1, 4 and 5 are further directed to take back the defective television from the opposite party No.3. The opposite parties 1, 3, 4 and 5 are directed to pay Rs.5,000/-(Rupees five thousand only) towards compensation for deficiency in service and for mental agony suffered by the complainant and to pay Rs.3,000/-(Rupees three thousand only) towards litigation expenses. The opposite parties 1, 3, 4 and 5 are further directed to comply with the order within six (6) weeks from the date of receipt of copy of this order failing which, the above said compensation amount of Rs.5,000/- (Rupees five thousand only) also shall carry interest @ 9% p.a. from the date of this order till realization. The complaint against opposite party No.2 hereby dismissed as not pressed by the complainant.

          Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 07^th day of February, 2020.

            Sd/-                                                                                                           Sd/-                                               

    Lady Member                                                                                                 President (FAC)

 

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: Sri T. Hemanth Kumar (Chief affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

                                                                      -NIL-

 

                    EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Computer generated RETAIL INVOICE pertaining to Videocon TV 50 Inches with Item Code No. 14000028350 and Item Description: LEDVKV50FH16XAF A1 issued by Authorized Signatory, Techno Kart India Limited. Dt: 31.05.2016.
	Original copy of Videocon Extended Warranty Offer Card.
	Photo copy of SMS from opposite parties Dt: 09.04.2018 and 27.04.2018 (Screen shots from mobile).
	Office copy of Legal notice along with postal receipts (Original) 6 in number. Dt: 10.10.2018.
	Acknowledgements 3 in number (Original).
	Returned Postal Cover sent to Opposite Party No.2.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

-NIL-

                                                                                                                                                                Sd/-

                                                                                                                President (FAC)

 

 

// TRUE COPY //

// BY ORDER //

 

 

Head Clerk/Sheristadar,

            Dist. Consumer Forum-II, Tirupati.

 

Copies to:  1) The Complainant, 

                  2) The Opposite parties.