Date of filing : 27-08-2014
Date of order : 16-01-2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.193/2014
Dated this, the 16th day of January 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Jayapraksh, S/o.Venkappa Shetty, : Complainant
R/at Thotadamane, R.D.Nagar.Po, Kudlu Village,
Kasaragod Dist and Taluk.
(Adv.Harshitha.K.M. Kasaragod)
1 The Manager, : Opposite parties
Big Bazzar (Future Value Retail Ltd),
Square Nine Mall, Opposite New Bus Stand,
Kasaragod.Po, Kasaragod Dt.
2 The Manager, Koryo Electronics,
Future Value Retail Limited. Tower C,8th
Floore, 247 Park L.B.S. Marg, Vikhroli (West),
Mumbai, Maharashtra. 400083.
(Ops 1 & 2 Exparte)
O R D E R
SMT.P.RAMADEVI, PRESIDENT
The brief facts of the complaint is as follows:
That the complainant purchased LED Television from 1st opposite party on 05-10-2011 for an amount of Rs.24,000/- and 2nd opposite party is the manufacturer and the above said TV set is having warranty for a period of 3 years. On 2-7-2014 while the complainant and his family watching the TV suddenly some defects arisen in parts of Television and gradually picture also disappeared. On the very next day the complainant approached 1st opposite party by taking the television for repairing the same and the 1st opposite party told that they will inform to the 2nd opposite party and also told that do not bring the television to 1st opposite party and asked the complainant to come next week. Then the complainant again gone to the 1st opposite party several time but they have not given any service. Then he directly informed 2nd opposite party and they replied that they will come. But repeated requests the 2nd opposite party also did not come and the defect of the TV is not cured. Hence this complaint is filed for necessary redressal.
2. Both opposite parties duly served notice and they remained absent, set exparte.
3. Complainant filed proof affidavit and Exts A1 and A2 were marked. Ext.A1 is the user’s manual, Ext.A2 is the warranty card.
4. Heard the complainant and documents perused. As per Ext.A2 the TV set was purchased on 5-01-2011 and the period of warranty is 3 years. On considering the facts of the case the opposite parties failed to provide after sale service to customers and it amounts to deficiency in service and unfair trade practice. Moreover the opposite party eventhough served the notice have not turned up and ignored the notice issued by a court of law. There is no contra evidence before the Forum.
Therefore the complaint is allowed and opposite parties are jointly and severally directed to pay Rs.24,000/- being the price of the LED TV set and cost of Rs.2000/- to the complainant and on receiving the amount the complainant is directed to return the defective LED TV to the opposite parties. Time for compliance is 30 days from the date of receipt of copy of order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. User’s Manual.
A2. Warranty Card.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by order
SENIOR SUPERINTENDENT
