BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                       :  PRESIDENT

SRI. M. PRAVEEN KUMAR                    :  MEMBER

C.C. No. 216/2018 Filed on 08.06.2018

ORDER DATED: 15.12.2018

Complainant:

Thulaseedasan, Devamrutham, Ayathil, Ilavumthitta P.O, Pin-689 625.         

(Party in person)

Opposite parties:

1. Secretary, Teltron Electronics, T.C 26/1865(2), Panavila, Thycaud P.O, Thiruvananthapuram-14.

2. Kishore, Technician, Teltron Electronics, Panavila, Thycaud P.O, Thiruvananthapuram-14.

This case having been heard on 29.11.2018, the Forum on 15.12.2018 delivered the following:

ORDER

SRI. P. SUDHIR:  PRESIDENT

Complainant’s case is that complainant attracted by the advertisement of opposite parties that household electric appliances will be protected from excess voltage, complainant purchased a surge protector from 1^st opposite party.  On 24.04.2018 due to lightning complainant’s electric appliances got damaged.  Complainant complained regarding the damage to the opposite parties and opposite parties not turned and complainant approached this Forum for refund of               Rs. 35,710/-, the price of the surge protector and Rs. 5,600/- towards repair with cost and compensation.

Notice sent to opposite parties.  Opposite parties 1 & 2 accepted notice but not turned up.  Hence opposite parties set exparte.

Issues:

1. Whether there is deficiency of service or unfair trade practice on the part of opposite parties?
2. Whether the complainant is entitled for the reliefs sought for?

Issues (i) & (ii):- Complainant filed chief examination affidavit and Exts. P1 to P6 marked.  Since there is no contra evidence to look into we believe the version of the complainant and proceed with the evidence in hand.  We are of the opinion that there is deficiency of service and unfair trade practice on the part of opposite parties.  We are of the opinion that 2^nd opposite party being the technician he is exonerated from liability.  1^st opposite party is liable to refund Rs. 35,710/-, the price of the surge protector, Rs. 5,600/- the amount spent for repairs of the electrical appliances, Rs. 5,000/- as compensation for the mental agony suffered by the complainant and Rs. 1,000/- as cost of the proceedings.

In the result, complaint is allowed and 2^nd opposite party is exonerated from liability.  1^st opposite party is liable to refund Rs. 35,710/- price of the surge protector, Rs. 5,600/- the amount spent for repairs of the electrical appliances,    Rs. 5,000/- as compensation for the mental agony suffered by the complainant and Rs. 1,000/- as cost of the proceedings within one month from the date of receipt of this order failing which Rs. 41,310/- (Rs. 35,710/- + Rs. 5,600/-) carries interest @ 9% per annum till realization. No order as to cost. 

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15^th day of December, 2018.  

         Sd/-

P.SUDHIR                             : PRESIDENT

            Sd/-

M. PRAVEEN KUMAR       : MEMBER

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C.C. No. 216/2018 

APPENDIX

  I      COMPLAINANT’S WITNESS:

                             NIL

 II      COMPLAINANT’S DOCUMENTS:

P1     - Copy of brochure

P2     - Order form dated 16.08.2017

P3     - Cash bill dated 22.08.2017

P4     - Guarantee & service card

P5     - Cash Bill dated 27.04.2018

P6     - Bill dated 03.05.2018 issued by Devi Electrical & Plumbing

             Contract Works for Rs. 4,200/-

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

NIL

                                                                                                      Sd/-

PRESIDENT

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