CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 16th day of August, 2012.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 25/05/2012
CC /94/2012
Padmanabhan.S,
5D,14/118(New), 'AMBADI’
Ganesh Nagar,
Sekharipuram, Palakkad -698 010 - Complainant
(BY Party in person)
Vs
The Manager,
Tekwins Electronics,
Adonis Electronics Pvt.Ltd,
ONIDA Consumer Relations Centre,
# 14/464(4), Supreme Towers,
Opp.Kunnathurmedu P.O, Palakkad-678013 - Opposite party
O R D E R
BY SMT. BHANUMATHI. A.K, MEMBER
Case of the complaint is as follows:
The complainant has purchased a DVD Player on 9/11/2007. The DVD Player developed certain operational problems during 2010. So the complainant brought the DVD Player and the remote control to Onida Authorised Service Centre on 16.12.2010. After the examination of the DVD Player the Service Engineer informed that the problem was with the Remote Control and advised to purchase a new one. Accordingly a new remote control was purchased paying Rs.450/-. But the problem with the DVD Player was still persisting. The complainant took both the DVD Player and remote control to the Service Centre. This time the Service Engineer diagonised the problem as malfunctioning of the sensor and advised me to leave the same for repair. So the complainant surrendered the DVD Player to the Service Engineer and obtained Receipt No.0336177/10 dated 20/12/2010. He was also informed that to inquire after two weeks. The complainant inquired about the DVD Player several time. Each time the opposite party said that the spare parts are not available. In June 2011 the opposite party told that the DVD Player was repaired and it would be handed over within a few days. Even after the lapse of one month the DVD Player was not returned. Every time, when the complainant contacted they started asking the history of the case from the beginning and finally dismissing the complainant by telling that they did not know about the DVD Player. Finally the complainant registered a complaint with Customer Care but no reply was received. A registered notice has been sent. They refused to accept the notice. Complainant is a senior Officer of the Apex Agricultural Bank in the country. The staff of the Service Centre started mocking at the complainant when he contacted them for the DVD Player. The act of opposite party amounts to deficiency of service and complainant seeking an order directing the opposite party to return the DVD Player in working condition. If it found lost a new DVD Player with remote control should be delivered at his own premises. Also an amount of Rs.99,000/- as compensation for mental agony and cost of the proceedings.
Even after accepting the notice opposite party was not appeared before the Forum. Hence set exparte.
Complainant filed affidavit and Ext.A1 to A4 marked.
Heard the complainant.
Issues to be considered are
I. Whether there is any deficiency of service on the part of opposite party?
II. If so, what is the relief and cost?
Issues No.I & II
On 16.12.2010 the complainant approached the opposite party to repair his DVD Player. At first the Service Engineer informed that the problem is with respect to the remote control and he suggested to buy a new one. So the complainant bought a new remote control paying Rs.450/-. But the problem of the DVD Player was not solved. So the complainant entrusted the DVD Player with two remote controls with the opposite party for repairing. The opposite party informed the complainant to inquire about the DVD Player after two weeks. The complainant enquired about the same several times through phone and in direct. Irrespective of all these quiries, the opposite party has not returned the DVD Player.
It is evident from Ext.A2 document is that the opposite party has accepted the DVD Player. Now 19 months passed. Ext.A1 is the cash receipt of the remote control purchased. There is no document to show that the DVD Player has been lost from the custody of opposite party. As opposite party remains exparte the contentions of the complainant stand unchallenged.
In the result complaint allowed. Opposite party is directed to pay an amount of Rs.4,000/- (Rupees Four thousand only) as compensation for mental agony and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings to the complainant.
Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry 9% interest per annum from the date of order till realization.
Pronounced in the open court on this the 16th day of August, 2012.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext.A1– Cash Memorandum Mo.PLKD 988 dt.16.12.2010 for Rs,450/- being the cost of Remote Control purchased (Original).
Ext.A2- Receipt No.JU-0336177 dt.20/12/2010 for having accepted the equipment for repair.
Ext.A3- Envelope in which Registered Letter to the Service Centre was sent but not accepted.
Ext.A4- Copy of letter dt.27/01/2012 sent to the Service centre first by Regd.post and subsequently by ordinary post.
Exhibits marked on the side of opposite party
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost allowed
Rs.1000/- (Rupees One thousand only) allowed as cost of the proceedings.
CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 16th day of July, 2012.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A. K, Member Date of filing: 25/05/2012
CC / 94/ 2012
Padmanabhan.S,
5D/14//118(New), ’AMBADI’
Ganesh Nagar, Sekharipuram, - Complainant
Palakkad -678 010
(Party in Person)
Vs
The Manager,
Tekwins Electronics, - Opposite parties
Adonis Electronics Pvt.Ltd,
ONIDA Consumer Relations Centre,
# 464(4), Supreme Towers,
Opp.Kunnathurmedu P.O,
Palakkad-678 013
O R D E R
BY SMT. SEENA. H, PRESIDENT
Complainant absent. Complainant has not present before the forum even for a single posting after the filing of the complainant. It seems that the complainant is not interested in proceeding with the case. Hence complaint dismissed for default.
Pronounced in the open court on this the 16th day of July, 2012
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/- Smt. Bhanumathi.A.K
Member
