SRI. SAJEESH.K.P : MEMBER

    The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019  seeking direction against the  OPs to pay Rs.50,000/- as compensation for mental agony and hardship caused to the complainant  due to the deficiency in service  and unfair trade practice on their part .

Complaint in brief :-

      According to the complaint, on 30/10/2021, complainant purchased Amazone Basics 106CM 4K Ultra HD Smart LED Fire TV AB43U20PS from 1^st OP with 5 years of warranty by paying  an amount of Rs.24,499/-.  The 1^st OP is a online dealer, 2^nd OP is business process out sourcing  franchise, 3^rd OP is another out sourcing  franchise of 1^st OP.  The complainant purchased the HDTV for the educational purpose of children and to entertainment.  After a few days of purchase, the complainant could not operate the TV and was informed to OP without any delay.  After two weeks, technician came and found that complaint  is with  remote and he took the remote with assurance  that it will be replaced with a new one remains as promise only.  At  last, complainant made a request to OP to take back the TV on the TV could not operate with a remote, and OP taken the TV back after 14 days of request and refunded the price.  The complainant suffered mental agony and hardship due to the deficiency in service of OPs and hence this complaint.

         After filing the complaint, commission sent notice  to  all OPs.  The all  OPs received the notice, OPs 1&2 not appeared before the commission and not filed any version.  The commission had to hold that the OPs 1&2 have no version  as such this case came to be proceed against  the OPs 1&2 are set exparte. 3^rd OP  entered appearance before the commission and filed their version accordingly.

Version of  3^rd  OP in brief:

   The answering  OP is a consumer centric company and they act merely as a facilitator for ensuring transport of goods and  in the present case 3^rd OP acted for  1^st OP to complainant.  It is further more submitted by 3^rd OP that there is no record of any shipment ,so alleged to have been in issue neither there is any  record of the customer having booked any shipment.  Moreover, 3^rd OP contended that the complaint is liable to be dismissed due to the misjoinder of parties.  The 3^rd OP picked up the  consignment and delivered it to the complainant  and the complainant is not a consumer of OP and hence there is no deficiency   from the part of 3^rd OP and therefore complaint is liable to be dismissed.

           Due to the rival contentions raised by the OP to the litigation, the commission decided to cast the issues  accordingly.

1. Whether there is any deficiency in service and unfair trade practice from the side of  OPs?
2. Whether there is any  compensation  &  cost to the complainant?

       In order to answer the issues, the commission called evidence from both parties. The  complainant produced documents which is marked as Exts.A1 to A19,  Ext.A1 is the delivery invoice dtd.3/10/2021 and Exts.A2 to A19 are the email communication between complainant and OP. The complainant adduced evidence  through proof  affidavit and examined as PW1.  From the side of  OPs there is  no oral or documentary evidence.

  For the sake of  convenience both issues are clubbed together. In order to  answer the issues, the commission took a  glance into the evidence produced by parties.  As per Ext.A1 the purchase of TV worth Rs.24499/- dtd.3/10/2021, stated in the complaint is true.  As per Ext.A2 dtd.17/11/2021 complainant had intimated the defect of the  remote which he purchased through  e mail to 1^st OP and Ext.A5 dtd.18/11/2021, Ext.A7 dtd. 25/11/2021, the complainant again demanded to replace remote etc and at last as per Ext.A18 dtd.25/1/2022, the complainant demanded to take back the TV or either resolve  his problem with remote, which left unresolved  until 25/1/2022.  From all these Exts. A2 to A19, the commission is in the view that complainant suffered deficiency in service for  2 months from the purchase of TV as he  could not avail the  service of TV even after the payment of a huge amount.  Thereafter complainant himself admits that the TV was taken  back  3^rd OP which is courier service and 1^st OP remitted  the amount to complainant’s account. Hence there is no further dispute with regard to the service of TV but complainant suffered mental agony and hardship due to the non availability of service from the side of OPs 1&2 in the case of defect of remote.  The 3^rd OP is only a out sourcing  agent of 1^st OP and they have delivered their service properly and hence there is no deficiency from the  part of  3^rd OP.  In the light of above evidences, the commission came into the view that complainant is entitled to get compensation due to the deficiency in service as the complainant experienced from  OPs 1&2.  Hence both issues are in favour of complainant.

           In the result complaint is allowed in part, the opposite parties 1&2 are jointly and severally liable to pay  compensation of Rs.5000/- towards the mental agony and hardship suffered by the complainant and  also pay Rs. 3000/- as cost of litigation  within 30 days of receipt of this order. In default the amount of Rs.5,000/- carries interest @12% per annum from the date of order till realization.   Failing which complainant is at liberty to file execution application against  opposite parties as per the provisions of Consumer Protection Act 2019.

Exts:

A1-Delivery invoice  dt.3/10/2021

A2  to A19 -E mail communications.

PW1-Noufal. V.K-complainant

Sd/                                                         Sd/                                                   Sd/

PRESIDENT                                   MEMBER                                            MEMBER

Ravi Susha                                 Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR