PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT

      Thursday, 30^th September 2010

 

 

 

 

          This complaint coming on this day for final hearing on 30-9-2010 in the presence of Sri G. Trivikram Singh, Advocate for complainant and Respondents called absent and set exparte and upon perusing the material papers on record, the Forum made the following:-

 

1.                Complaint filed under section 12 of the Consumer Protection Act 1986.

 

2.                The brief facts of the complaint are as follows:- The complainant’s father purchased one 29 inches colour Samsung Television  on 16-10-2009 from R1, who was dealer of R2. The R2 was a manufacturer of Colour Televisions. It was purchased for Rs. 12,900/- and deducting Rs. 100/- towards scratch card offer during Diwali festival. The model No. of the Television was C.S.29330xlpxxl with serial No. 079732AS2004350. The R1 issued a receipt No. 3511, dt.                   16-10-2009 and also issued a warranty card for 12 months period. It was purchased in the name of minor daughter namely Nageswari Priya, aged about 3 years. After purchase the Television developed defects like picture display, black shade on the right side of the picture screen. It was informed to R1, who assured to rectify and the technicians of R1 came to the house of the complainant and tried, but failed to rectify the defect.  The complainant’s father brought it to the notice of customer care of R2, who registered the complaint No. 8412525898. But the R2 had not responded.  Thus the complainant got issued a notice dt. 18-12-2009 to the Respondents to rectify the defects. After receipt of the notice the Respondents sent customer care people. Even, though it was not rectified. Finally the Respondents assured to replace the Television  with new one. But there was no response from the Respondents.  Thus the complaint was filed by the complainant seeking direction to the Respondents to replace colour Television  with a new one or refund of cost of  Rs. 12,800/- with interest @ 18% p.a. from 16-10-2009 till the date of payment and Rs. 20,000/- towards compensation for mental agony and Rs. 1,000/- towards costs.

 

3.                Notice was served to R1, who made his appearance through advocate on the date of appearance on 3-6-2010 and was taking time to file the counter. But it was not filed. Hence, R1 was called absent and set exparte on 23-5-2010.Notice was served to R2 and was called absent and set exparte on 23-9-2010. Later the petitioner was examined. 

 

4.                On the basis of the above pleadings the following points are settled for determination. 

i.                   Whether there is any negligence and deficiency of service on the part of the Respondents?

ii.                 Whether the complainant is entitled to the relief as prayed for?

iii.              To what relief?

 

5.                On behalf of the complainant PW1 was examined and Ex. A1 to A4 were marked.      

 

6.                Point No. 1& 2.  The complainant was a minor, aged about 3 years, represented by her father as natural guardian. The colour Television  29 inches of Samsung with model No. C.S.29330xlpxxl with serial No. 079732AS2004350 for Rs. 12,900/- with less of Rs. 100/- from R1 under Ex. A1 cash bill. Ex. A2 was warranty card. After purchase the Television  created problems like picture display, black shade on the right side of picture screen. It was informed to the R1, who failed to rectify the defects. The complainant contacted the customer care of R2, who also failed to rectify the defects. So a notice was issued on 18-1-2009 to R1 and R2.   The Office copy of the notice was Ex. A3. Ex. 4 was postal receipts. 

 

7.                The petitioner was present and examined as PW1. Ex. A1 to A4 were marked and perused the documents and complaint and evidence.   The complaint was allowed directing the R1 to replace the defective Television  of the complainant with a new Television  of the same model. In case the same model was not available another new Television  of the model of the choice of the complainant and also pay Rs. 5,000/- towards mental agony and Rs. 1,000/- towards costs. Hence, the points are answered accordingly. 

 

8.                Point No. 3. In the result, the complaint is allowed, directing the R1 to replace the defective Television  of the complainant with a new TELEVISION  of the same model. In case the same model was not available another new Television  of the model of the choice of the complainant and also pay Rs. 5,000/- (Rupees five thousand only) towards mental agony and Rs. 1,000/- (Rupees one thousand only) towards costs, within 30 days from the date of receipt of this order. The R1 is directed to get back the defective Television  from the complainant.   The case against R2 is dismissed without costs. 

 Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 30^th September 2010

 

 

Witnesses examined.

For Complainant   

PW1            P. Madhan Mohan, dt. 30-9-2010.

For Respondent :     NIL

Exhibits marked for Complainant : -  

 

Ex. A1         Cash/Credit bill No. 3511, dt. 16-10-2009 issued by R1

for Rs. 12,800/-.

Ex. A2         Customer details cum warranty card issued by R1.

Ex. A3         Office copy of the legal notice dt. 18-12-2009 from complainant

to both Respondents.

Ex. A4         Two postal receipts.      

 

Exhibits marked for Respondent : -           ---- NIL -------

 

 

 

 

            1) Copy was made ready on:

2) Copy was dispatched on:

            3) Copy was delivered to parties: