DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday the 29^th day of December 2023

CC.371/2023

Complainant

                   Vijish Kumar. V,

                   Vayana (HO),

                   Chennamangallur. P. O,

                   Mukkam,

                   Kozhikide - 673602

Opposite Parties

The Chief Executive Officer,

GOWWARANTY and Services LLC,

9/5/14, Highland Park,

Andheri East, Marol,

Mumabi, Maharashtra - 400059

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT.

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2. The case of the complainant, in brief, is as follows:

On 06/06/2021 the complainant purchased the THOMSON 9A series 80 cm (32 inch) HD Ready LED Smart Android TV from Flipkart. The product was having 1 year manufacturer warranty. The complainant purchased a 4 year extended warranty from GOWARRANTY for Rs. 1,910/-. The extended warranty starts from 06/06/2022 and ends on 06/06/2026.

3. On 05/07/2023 the display of the TV was not working, but the audio was working. While switching on the TV, it just blinks the display and thereafter it goes to black. Hence the complainant contacted the GOWARRANTY team through their toll free number on 06/07/2023. On 10/07/2023 one technician visited his house and inspected the TV and informed that the display had to be changed. On 14/07/2023 the GOWARRANTY team informed the complainant through e-mail that they could not repair the product and that they were ready to pay 45% of the invoice price of the TV ie, Rs. 5,652/- and discontinue the warranty. But the complainant was not ready to accept their offer. He wanted to replace the display and continue the warranty, or else the opposite party has to pay the full invoice price to him. But the opposite party again replied the complainant with the same offer. When he informed them that he would go to the court for resolving the issue, the Service Executive of the opposite party contacted him on 29/07/2023 and informed that they were ready to repair the TV. But again on 09/08/2023 the Senior Manager of the opposite party informed him that they would not repair the TV and could only pay 45% of the invoice amount and discontinue the warranty. The complainant rejected the offer.
4. The act of the opposite party amounts to cheating. Even after 2 and half months, the opposite party has not repaired the TV. The plan is active and there are 3 more years for expiry. The complainant and his family were put to gross mental agony and inconvenience due to the act of the opposite party. They were not able to watch the TV for more than 2 months. Hence the complaint to direct the opposite party to replace the display and repair the TV or to pay the full invoice amount. Compensation is also claimed.
5. The notice issued from this Commission was duly served on the opposite party. But the opposite party did not respond to the notice and hence set ex-parte. 
6. The points that arise for determination in this complaint are;                                                                                                                              1) Whether there was any deficiency of service on the part of the opposite party, as alleged?                                                                2) Reloefs and Costs.
7. The complainant was examined as PW1 and Exts. A1 to A6 were marked.
8. Heard.
9. Point No.1: The complainant has approached this Commission alleging deficiency of service on the part of the opposite party in the matter of repairing the TV under the extended warranty.
10. PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the tax invoice dated 06/06/2021, Ext A2 is the copy of the GOWARRATY extended warranty policy, Ext A3 is the copy of the e-mail dated 14/07/2023, Ext A4 is the copy of the e-mail dated 19/07/2023, Ext A5 is the copy of the GOWARRATY service of promise and Ext A6 is the copy of GOWARRANTY terms and conditions.
11. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant.
12. Admittedly, the malfunction of the TV has occurred during the time of the extended warranty. The neglect of the opposite party to carry out the service/repairs of the TV when the plan is active amounts to gross deficiency of service. The complainant is entitled to get the display replaced and the TV repaired under the extended warranty, or in the alternative, refund of the full invoice amount amounting to Rs. 12,559/-. Undoubtedly, the complainant has been put to gross mental agony and inconvenience due to the deficient service of the opposite party. He was not able to watch the TV from 05/07/2023 onwards. The complainant is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of  Rs. 5,000/- will be reasonable compensation in this regard.
13. Point No. 2 :In the light of the finding on the above point, the complaint is disposed of as follows:                                                         a) CC 371/2023 is allowed.                                                                                                                                                                       b) The opposite party is hereby directed to replace the display and repair the TV of the complainant and make it in a sound                    working condition and continue the extended warranty till 2026, or in the alternative, pay the full invoice price of Rs.                         12,559/-    (Rupees twelve thousand five hundred and fifty nine only) to the complainant.                                                                c) The opposite party is directed to pay a sum of Rs. 5,000/- (Rupees five thousand only) to the complainant as compensation               for  the mental agony and hardship suffered.                                                                                                                                        d) The order shall be complied with within 30 days of the receipt of the copy of this order.                                                                   e) No order as to costs.

Pronounced in open Commission on this, the 29^st day of December, 2023.

Date of Filing: 24/08/2023

                                            Sd/-                                                           Sd/-                                                  Sd/-

                                    PRESIDENT                                               MEMBER                                       MEMBER

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Tax invoice dated 06/06/2021.

Ext.A2 – GOWARRATY extended warranty policy.

Ext.A3 – E-mail dated 14/07/2023.

Ext.A4 - E-mail dated 19/07/2023.

Ext.A5 - GOWARRATY service of promise.

Ext.A6 - GOWARRANTY terms and conditions.

Exhibits for the Opposite Party

Nil

Witnesses for the Complainant

PW1 - Vijish Kumar. V, (Complainant)

                                       Sd/-                                                            Sd/-                                                      Sd/-

                              PRESIDENT                                                MEMBER                                              MEMBER

True Copy,      

                                                           Sd/-

                                                                       Assistant Registrar.