DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 16th day of December, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member
Date of Filing: 10/11/2021
CC/192/2021
Mahesh, K.,
S/o P.Krishnan
Meena Nagar, - Complainant
Palakkad
(Party in person)
VS
1. Managing Director,
G.P.Appliances, 119, First Floor,
Vipul Business Park, Sector -48,
Sohna Road, Tehsil Badshapur,
Gurgaon,, Gurgaon HR – 122 004
(Ex-parte)
2. Branch Manager,
MyG Showroom,
Door No. 24/986
Stadium bypass Road,
Kunnathurmedu,
Palakkad – 678 013
(Ex-parte)
3. Managing Director,
My G Corporate Office,
Carrion Virtue Building, Bypass Road,
Puthiyara, Kozhikode 673 004 - Opposite parties
(Ex-parte)
O R D E R
By Sri.Krishnankutty.N.K., Member
1. The Complainant purchased a GP 032 HD TV manufactured by first opposite party from the second opposite party dealer for a price of Rs. 8490/- on 22/01/2021. According to the complainant, the dealer had informed that the product is having two year warranty. Approximately one month after the purchase, the TV developed some complaints. This was reported to the second opposite party, but nobody came to attend to the complaint. Hence the complainant took the TV to the second opposite party to convince them about the complaint, but they, instead of attending to his grievance, insulted him and refused to rectify the defects of the TV under warranty. Hence he approached this Commission seeking refund of the purchase price of Rs. 8490/- and a compensation of Rs. 20000/- for mental agony and financial loss.
2. Notices were issued to the opposite parties, but they didn't enter appearance and hence were set ex-parte.
3. The complainant filed proof affidavit and marked documents as Ext. A-1 and A-2 as evidence. A-1 is the copy of purchase invoice and A-2 is the copy of the warranty card.
4. In the absence of any counter statement or arguments from the side of the opposite parties, this Commission is bound only to see if the complainant had made out a prima facie case and pass orders accordingly. The document marked as Ext. A-2, the warranty card issued to the complainant clearly shows that the TV is having warranty of 2 years. Since the alleged complaint of the TV happened within 1 month of purchase, the opposite parties have the responsibility to cure the defects as per the warranty terms and the failure to do so amounts to deficiency in service. While the complainant attended the proceedings of this case duly filing his proof affidavit and marking necessary documents in support of his arguments, the opposite parties with resources, both men and material, willfully ignored the case and refused to utilize the opportunity given by this Commission to come forward with their arguments to disprove the allegations of the complainant.
5. In the result, a prima facie case is proved by the complainant and hence
the complaint is allowed ordering the following reliefs.
A. The opposite parties shall refund the original cost of the TV
Rs.8490/-along with interest @10% P.A from 20/01/2021 till the date of payment,
B. Opposite parties are directed to pay Rs. 10000/- as
compensation for mental agony and other inconveniences
caused,
C. Rs. 5000/- as cost.
D. In the facts and circumstances of the case, opposite party 2 is
directed to satisfy the order immediately.
E. As it will not be economically viable for the complainant to
proceed as against The opposite party 1, we are casting liability
on opposite party 2. Opposite Party 2 is at liberty to avail their
pro-rata share from other opposite parties in the course of their
routine business with opposite party 1 & opposite party 2.
Pronounced in open court on this the 16th day of December, 2022.
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K.
Member
Appendix
Documents marked from the side of the Complainant
Ext. A-1: The purchase invoice of the TV dated 22/01/2021 for Rs. 8490/- issued by
opposite party 2.
Ext. A-2: Warranty card issued for the TV dated 22/01/2021
Documents marked from the side of opposite parties – NIL
Witness Examined – NIL
Cost – Rs. 5000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
