By. Sri. Jose. V. Thannikode, President:-
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to return back the value of the TV set and to pay cost and compensation due to the suppl of defective TV.
2. Brief of the complaint:- The Complainant's Son Nandu was working at Abudhabi during April, 2016. While he was there he purchased a Videocon TV 40 inch Full HD television manufactured by opposite party on 01-04-2016 from Abudhabi. The same was purchased for giving it to Complainant hence Complainant was beneficiary fro the same. It was purchased and it was agreed that the same will be delivered in India and will be installed by them. It was specifically noted in the invoice that (l) All Videocon products will be delivered in India, (2) Warranty cover will be only in India. The amount paid by the same of complainant was equivalent to Rs.26,000/- to Indian Rupees. On 29-04-2016 one Mr. Justin (Phone No.8589978009) introduced me that he is a man of Videocon company and he installed the T.V. at complainants Home. The T.V. was not working when it was asked to the person who installed the T.V. He replied that some further checking are required and he will have to contact the company. The complainant firently believe that the product purchased has got manufacturing defect and that is why it is not working, complainant contacted the person who installed the T.V. and Calicut Office of Opposite Party. The Calicut Office replied that they are not responsible and the men who installed the T.V. is not picking the phone. he Copy of the invoice showing the purchase of T.V. is produced along with the complainant. Letter was sent to Customer Service Centre at Abudhabi (Shown in the invoice), but of no use. The Opposite Party sold a product to Son of the Complainant which was having manufacturing defect. The Complainant suffered mental agony and financial loss due to the same. The original of the invoice will be produced at the time of evidence. The Opposite party is liable to pay compensation to the complainant. Hence it is prayed that this Honorable Forum may be pleased to direct the Opposite party to (1) Refund Rs.26,000/- to the complainant, (2) Pay Rs.50,000/- to complainant as compensation,(3) Pay Rs.10,000/- (Rupees Ten thousand only) as litigation expenses.
3. Notice were served to opposite party and opposite parties notice intimation was served on several time but unclaimed and not appeared before the Forum and not filed version also hence his name called absent and set ex-parte.
4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 document and MO-1 were marked. Ext.A1 is the Bill issued by E Max Electronics dated 01.04.2016 for AED 1499 it is equivalent to Rs.26,000/- and MO-1 is the TV which is produced before the Forum and since opposite party is ex-parte heard the complainant and taken for order.
5. On considering the complaint, documents, MO-1 and evidence the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?
2. Relief and Cost.
6. Point No.1:- Since the opposite party is ex-parte the allegation an evidences alleged by complainant can be believed and the Ext.A1 proves the purchase and wherein it is noted that all Videocon products will be delivered in India and Warranty cover will be only in India. On inspection of TV, the Forum noted that when the switch is on instead of grains on screen it appears that the display is seen broken glass and not working also. Hence we found that supply of defective TV is a clear case of unfair trade practice and not attending the calls by the representative for curing the defects is a deficiency of service from the side of opposite party. Hence the Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found against the opposite party, opposite party is liable to return back the value of the set with cost and compensation. Hence the Point No.2 is found accordingly.
In the result, the complaint is partly allowed and the opposite party is directed to return back the price of the TV set ie Rs.26,000/- (Rupees Twenty Six Thousand) and also directed to pay Rs.5,000/- (Rupees Five Thousand) as cost and compensation within one month from the date of receipt of this Order. Failing which the complainant is entitled for an interest at the rate of 12% per annum. On complying the Order the opposite party can release the TV(MO-1) from the Forum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 26th day of February 2018.
Date of Filing: 01.12.2017.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Balakrishnan (Affidavit). Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Copy of Bill. Dt:01.04.2016.
MO-1. Videoncon Television.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
