BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 22^nd day of October 2016

Filed on : 26-02-2015

PRESENT:

Shri. Cherian K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member.

CC.No.152/15

Between

Charles Koshy Phillips, : Complainant

27 KKP Nagar, U.C. College P.O., (party-in-person)

Aluva, Now res. at U.C.

College Quarters,

U.C. College P.O.,

Aluva-683 102.

And

1. The Managing Director, : Opposite parties

Samsung Electronics Co. Ltd., (1^st O.P. By Adv. P. Facil,

Southwest Asia Headquarters, M/s. Lawyers United, 2^nd Floor,

2^nd and 3^rd and 4^th floor, Metro Plaza, Market road

Tower -C, Vipul Tech Square, North, Kochi-682 018)

Sector-43, golf CourseRoad,

Gurgaon, India-122001.

2. Qrs retails Ltd., 434/32/838B,

NH Bypass Anjumana,

Padivattom,

Ernakulam682-024.

3. QRS Retails Ltd.,

M.G. Road,

Thiruvananthapuram,695 001.

rep. by Managing Director.

O R D E R

Cherian K. Kuriakose, President.

The complainant has filed this complaint on 26-02-2015. The complainant had purchased a Samsung Television from the 2^nd opposite party during February 2013. As per Exbt. A1, invoice there was a promise on the part of the dealer to provide a Samsung blue-ray disk player and some blue-ray discs along with the Television. The dealer informed the complainant that the promised blue-ray disk player and C.Ds will be directly delivered to the home address within next fortnight. Despite repeated requests made by the complainant by e-mail communications dated 25-03-2013 (A2) and 25-06-2013 (A4), the complainant was not provided with the blue-ray discs so far. As per Exbt. A3, A5, A6 and A7 the opposite parties have admitted their liability to provide the gift articles promised have been given to the complainant. Hence the complaint.

1. 2. Notice was issued to the opposite party. The 1^st opposite party filed their version. The blue-ray disk player could not be provided to the complainant at the time of purchase of the T.V., since it was not available, as it went out of stock. Immediately on receiving the blue-ray disc player in Cochin, employees of the 2^nd opposite party had contacted the complainant and requested him to collect the said blue-ray disc player at the show room of 2^nd opposite party. However, the complainant was adamant in his stand and was not willing to come and collect blue-ray discs. The said blue-ray disk player is still retained by the 2^nd opposite party. The 2^nd opposite party had also offered to settle the matter as a good-will gesture. But the complainant was not amenable.

   3. The matter was taken up during adalath for settlement. However, the matter was not settled.

   4. We have gone through the complaint, version and the documents produced by the parties concerned. Even though, the complainant did not produce any documents to prove that there was an offer on the part of the opposite party to provide a blue-ray disk player and 'some' discs, in view of the admission by the opposite party, that the blue-ray disk player could not be provided to the complainant due to want of stock, it is therefore proved that the complainant is entitled to get the blue-ray disk player. The opposite party was also willing to supply blue-ray disk player to the complainant and it was kept ready with the 2^nd opposite party. However, due to the adamant attitude of the complainant he refused to accept the blue-ray disk player without providing with some compensation as well. On going through the evidence adduced in this case, there is nothing to show, as to what was the value of the blue-ray disk player offered by the opposite party as gift. Therefore, we are not able to fix any compensation in lieu of monetary value. However, in the circumstances of the case, we find that the opposite parties are liable to provide blue-ray disk player made by Samsung to the complainant. We therefore direct the opposite party to provide a Samsung blue ray disk player and two blue-ray discs to the complainant within a period of 30 days from today. If the complainant refuse to receive the blue-ray disc player from the dealer from which he purchased the Television Set within 15 days from the date of communication to him by the opposite party to receive the same, the opposite party is directed to produce the same before the office of the Consumer Disputes Redressal Forum, Ernakulam, and the complainant may collect it from the office within 60 days from today. If it is not collected within the said period the opposite party is entitled to take back the free gift offered by them to the complainant as above.

Pronounced in the open Forum on this the 22^nd day of October 2016.

Sd/-

Cherian K. Kuriakose, President.

Sd/-

Sheen Jose, Member.

Sd/-

Beena Kumari V.K., Member.

Forwarded/By Order,

Senior Superintendent

Copy of order despatched on :

By Post: By hand: