Karnataka

Chitradurga

CC/242/2019

Sri. Basavaraj G.S S/o Late Shanthappa, - Complainant(s)

Versus

The Manager, M/s TECHNO KART INDIA LIMITED - Opp.Party(s)

Sri.H.S.Sathyanarayana Shetty

09 May 2019

ORDER

COMPLAINT FILED ON:11/03/2019

DISPOSED      ON:09/05/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:242/2019

 

DATED: 9^th MAY 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT/S	Basavaraj. G.S, S/o Late Shantappa, R/o Naveen Residency, B.L. Gowda Layout, Chitradurga-577 501.   (Rep by Sri.H.S. Sathyanarayana Shetty, Advocate)
V/S
…..OPPOSITE PARTY	The Manager, M/s Techno Kart India Ltd., (Next Retail Out-let), Veerasavarkar road, Opp: Siddus in Lodge, Behind Vasavi Mahal Road, Chitradurga-577501.   (ex-parte)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P. Act, 1986 for the relief to direct the OP to rectify the defective TV or to replace the same with new TV or to refund the amount and to pay Rs.35,000/- towards loss of recreation,  mental agony, pain and costs.  

 

2.      The brief facts of the case of the above complainant are that, on 21.11.2016 he has purchased SANSUI TV having product code No.14000029454 LED-SAN-40” SMC40FB17XE under Bill No.1610216417 for a sum of Rs.27,000/- from OP with warranty of three years from the date of purchase of the same.  It is further submitted that, on 22.12.2018 the said TV suddenly stopped its working and does not display the picture.  It displays only blank screen and no sound was coming out from the TV.  On the same day, the complainant went to OP shop personally and reported this matter and given complaint No.BAN 2412180043 and requested to come and check up and rectify the defects found in the TV.  The OP agreed to come and check up and rectify the defects within one or two days.  But the OP never turned up.  Thereafter, the complainant approached the OP several times and at last the OP Manager deputed one of the concerned working Engineer to attend the repair/defects found in the TV, but the said working Engineer unable to do repair/set right the defective TV by saying that the Board of the TV is out of order, the same is inbuilt one and hence, it cannot be repaired unless the board/circuit board should be replaced.  The OP firm has not taken any steps to get repair the defective TV since the date of complaint ie., 22.12.2018.  Due to the said act of the OP, the complainant and his family is very much disgusted and the purpose of purchasing the TV to get relax the mind and also to know the day to day things of the world and to enrich their knowledge and other recreations are all lost, the OP fails to perform their part of assurance at the time of purchasing the TV, which is a deficiency of service on the part of OP.      The cause of action arose for this complaint is within the jurisdiction of this Forum and hence, prayed for allow the complaint.   

3.      Notice has been served to the OP.  In spite of service of notice, OP did not appear before this Forum and hence, placed ex-parte.

4.      Complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-5 were got marked and closed his side.

 

 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that the OP has committed deficiency of service by supplying the defective TV and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

         7.       Our findings on the above points are as follows:-

                    Point No.1:- Partly in Affirmative. 

                    Point No.2:- As per final order.

REASONS

8.      There is no dispute that, the complainant has purchased SANSUI TV having product code No.14000029454 LED-SAN-40” SMC40FB17XE under Bill No.1610216417 for a sum of Rs.27,000/- from OP with warranty of three years from the date of purchase of the same.  But within the warranty period i.e., on 22.12.2018 the said TV suddenly stopped its working and does not display the picture, it displays only blank screen and no sound was coming out from the TV.  Immediately on the same day, the complainant reported the same to OP and given complaint No.BAN 2412180043 requesting rectify the defects found in the TV.  The OP agreed to rectify the defects within one or two days, but the OP never turned up.  After that, the complainant approached the OP several times and at last the OP deputed its working Engineer to attend the repair/defects found in the TV, but the said working Engineer unable to do repair/set right the defective TV by saying that the Board of the TV is out of order, the same is inbuilt one and hence, it cannot be repaired unless the board/circuit board should be replaced.  The OP firm has not taken any steps to get repair the defective TV since the date of complaint ie., 22.12.2018.  The notice issued by this Forum has been served to to the OP, but it did not appear before this Forum to disprove the case of the complainant.  Due to the act of the OP, the complainant and his family is very much disgusted and the purpose of purchasing the TV to get relax the mind and also to know the day to day things of the world and to enrich their knowledge and other recreations are all lost. But as per the documents produced by the complainant it clearly goes to show that the complainant has purchased the above said TV from OP with warranty period of three years, but the OP has failed to solve the problem found in the said TV and the Engineer concerned to the OP unable to cure the defects found in the TV.  When the warranty was in existence, the same is to be cured by the OP to the satisfaction of the complainant.  When the material purchased by the customer and the same is under warranty period, it is the bounden duty of the OP to solve the problem found in the TV.

 9.     We have gone through the entire documents filed by the complainant, it clearly shows that, the complainant has purchase above said TV from OP by paying an amount of Rs.27,000/- with warranty period for three year.  Within the warranty period, if any defects found in the TV, it is the bounden duty of the OP to solve the same.  But, in this case, the OP has neglected to solve the problems found in the TV of the complainant.  The Engineer concerned to the OP was unable to cure the defects found in the TV.  Therefore, this Forum comes to the conclusion that, the LED TV supplied by the OP is having manufacturing defect and the OP has failed to cure the defect found in the TV. Accordingly, this Point No.1 is held as partly affirmative to the complainant.          

            10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

            The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

            It is ordered that the OP is hereby directed to pay a sum of Rs.27,000/- to the complainant and further the along with interest at the rate of 9% p.a from the date of purchasing the above said TV i.e., from 22.11.2016 till realization.

            Further the complainant is hereby directed to handover the defective TV to OP after collecting the entire amount from the OP.

            Further it is ordered that, the OP is hereby directed to pay Rs.5,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings.

            It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

 

 (This order is made with the consent of Member after the correction of the draft on 09/05/2019 and it is pronounced in the open Court after our signatures)         

 

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Bill dated 21.11.2016
02	Ex-A-2:-	Warranty card
03	Ex-A-3:-	Legal notice dated 09.02.2019
04	Ex-A-4:-	Postal acknowledgement
05	Ex.A-5:-	Postal receipt

 

Documents marked on behalf of OP:

-Nil-

 

 

MEMBER                                                   PRESIDENT

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