BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT
SMT. R. SATHI : MEMBER
SMT. LIJU B NAIR : MEMBER
C.C. No: 443/2012 Filed on 13/12/2012
Dated: 30..09..2013
Complainant:
Rekha Manojkumar, Remalayam, Melkadakkavoor – P.O., Kadakkavoor, Thiruvananthapuram – 695 306.
(Party in person)
Opposite party:
The Manager, Samsung Service Centre, Samsung LED TV, Thiruvananthapuram.
This O.P having been heard on 19..09..2013, the Forum on 30..09..2013 delivered the following:
ORDER
SMT. R. SATHI, MEMBER :
The facts of the complaint are that the husband of the complainant purchased a Samsung LED TV GA 32D 400032 on 02/09/2011 from the Lulu Hyper Market, Sharjah having international warranty. After six months the TV was not working and the complainant registered a complaint before Samsung Customer Care Centre as the defect occurred during warranty period. The Samsung Service Centre at Thiruvananthapuram contacted the complainant and the Service Engineer visited the residence of complainant for inspecting the TV. He suggested to change the board and it is replaced on September 2012 on free of cost as the complaint is within warranty period. But after 2 months again the TV became defective and the complainant contacted the Customer Care and again a Service Engineer from Service Centre inspected the TV at her home. On 12/12/2012 the complainant is informed that the board of the TV has to be replaced and an amount of Rs. 13,000/- has to be paid as the warranty period expired. The complainant alleges that the panel board of the TV was replaced with a duplicate board on September 2012. She did not receive any bill from the Samsung Service Centre. Hence the complaint to direct the opposite party company to repay the price of the TV or to replace the panel board of TV with an original one.
2. The opposite party being served did neither enter appearance nor file version and hence ordered to be proceeded exparte.
The complainant filed affidavit and 3 documents.
3. The points that arise for consideration are:
Whether this Forum has jurisdiction to entertain the complaint?
Whether there is any deficiency in service on the part of the opposite party?
Whether the complainant is entitled to any reliefs?
4. Point No.(i): The complaint relates to a Samsung TV purchased from Sharjah having its Service Centre at Thiruvananthapuram for an amount of 1899 DHS. Hence it is our considered view that this Forum has jurisdiction to entertain the complaint.
5. Point Nos. (ii) & (iii): It has been the case of the complainant that her husband purchased a Samsung TV from Sharjah for an amount of 1899 DHS having international warranty. Ext. P1 is the cash invoice and Ext. P2 is the warranty. After six months the TV was not working and the complainant contacted the Service Centre at Thiruvaanthapuram. The Service Engineer of the opposite party inspected the set and replaced the board for free of cost. But it became defective after 2 months and the warranty period also expired. The complainant contacted the Service Cenre for repair. The Service Engineer inspected the TV at her home and informed her that the board of the TV has to be replaced and for that she has to pay Rs.13,000/- as the warranty period was over. From the documents produced by the complainant it is clear that a Samsung TV was purchased and an international warranty for one year also given. Eventhough no document was produced by the complainant to show that the TV was repaired during warranty period, the opposite party did not turn out to contest the case even after receiving notice from the Forum. So we are of the view that the TV was defective during the warranty period itself. So the Service Centre is bound to repair the TV free of cost even after the warranty period. The act of the opposite party definitely amounts to deficiency of service. Taking overall situation, we are of the view that equity and justice will be well met if the opposite party is directed to repair the defective TV free of cost along with costs of Rs. 1,000/-.
In the result, complaint is allowed. The opposite party shall repair the TV free of cost along with Rs. 1,000/- towards costs to the complainant. Opposite party shall comply the order within one month from the date of receipt of this order. 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 30th day of September, 2013.
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R. SATHI,
MEMBER.
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G. SIVAPRASAD,
PRESIDENT.
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LIJU B NAIR,
ad. MEMBER.
C.C.No: 443/2012
APPENDIX
I. Complainant's documents:
P1 : Cash invoice
P2 : International Warranty issued by Samsung Ltd.
II. Complainant's witness : N I L
III. Opposite party's documents : N I L
IV. Opposite party's witness : N I L
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PRESIDENT
