By. Smt. Renimol Mathew, Member:-
Brief of the complaint:- The complainant's case is that on 15.11.2010 complainant purchased one DVD Player of Vinverth worth Rs.2,400/- from opposite Party No.2's shop. At the time of purchase opposite party offered one year warranty. But after few months it became defective and on 04.06.2011 complainant entrusted it to opposite party No.3's shop at Kalpetta, that is the collection center of opposite party No.1. Opposite party No.3 sent it to opposite party No.1's shop at Cochin in proper time. Complainant received a telephonic message to that but opposite party No.1 failed to repair it within a reasonable time. Then on 20.09.2011 complainant filed a complaint before this Forum. While so during the pendency of the case before this Forum opposite parties returned the DVD player after repair. In the meanwhile unfortunately the case was dismissed for default on 14.03.2012. Again complainant filed this compliant to get compensation from the opposite parties for the delay caused in repairing the DVD player. Complainant alleges that this is deficiency in service from the part of the opposite parties. According to complainant he purchased this DVD player for the artistic development and education of his children. So he prays for compensation of Rs.30,000/- for the Financial loss and sufferings caused due to the deficiency in service on the part of opposite parties.
2. Notices sent to opposite parties. Opposite parties entered into appearance and filed versions.
2. The Opposite parties filed version in short it is as follows:- According to opposite parties complainant is not a consumer of this opposite parties. If he has any grievances that can only be against the manufacturer of the product, which is a foreign company. The product in question, Vinverth DVD Player is a product manufactured in a foreign country. The manufacturer has appointed opposite party No.1 to do all the repairs of their products in India free of cost during the Warranty period. They also appointed M/s. Jupiter Couriers a Courier Agency which has their collection centers and delivery centers in various towns and cities to collect and transport the product to opposite party No.1. Opposite party No.1 admitted that DVD player of the complainant was received in their service center for repair. On inspection it was found that the requisite parts of the DVD player was not in stock in service center. The requisition for the necessary parts was sent to the manufacturer. The manufacturer informed that the components was not in stock and they have to get it from their supplier. The component were shipped by the manufacturer to the opposite party No.1 and as soon as it was received and the product was repaired and returned to the complainant. These aspects were informed to the complainant. Opposite parties repaired and returned the DVD player to the complainant immediately after he received the components.
3. Opposite party No.2 stated that there is no transaction between the complainant and this opposite party. This opposite party conducting business in the name of “Gulf Land”. He started his business on 01.12.2010. Complainant purchased the DVD player from “Gulf Zone”, the prior occupant of this shop was conducted business in the name of “Gulf Zone”. Opposite parties No.1 to 3 further stated that there is no willful delay in repairing the DVD player it was caused due to the non availability of the components. So they prays for dismissal of the complaint.
4. On considering the complaint, affidavit and versions the following points are to be considered:-
1. Is there any deficiency of service on the part of opposite parties?
2. Relief and Cost.
5. Points No.1 and 2:- The complainant filed Chief affidavit and examined as PW1. Exts.A1 to A3 documents were also marked. Ext.A1 is the photocopy of the previous case C.C. No.181/2011. Ext.A2 is the photocopy of Courier Receipt and Ext.A3 is Warranty cum operating Instructions of the product. Opposite parties not adduced any oral evidence. Heard both counsels. On going through the evidence, records and submissions we finds that the only dispute is regarding the delay caused in repair work. Opposite party No.1 repaired and returned the DVD player after 141 days. Complainant stated that he bought this DVD player for the artistic development of his children. Non availability of components for 141 days is not an excuse. So complainant entitled to get compensation for the delay caused in repairing the DVD player. Opposite party No.2 is not a necessary party in this case, Opposite party No.2 started business in the said shop room on 01.12.2010. Complainant purchased DVD player on 15.11.2010. opposite Party No.3 is only a collection and delivery agent of the manufacturer. Manufacturer has many collection and delivery centers in various towns and cities. Opposite party No.3 collected the product and sent it to opposite party No.1 in proper time. Hence we are in the opinion that there is deficiency of service on the part of the opposite party No.1. The Points No.1 & 2 found accordingly.
In the result the complaint is partly allowed and opposite party No.1 is directed to pay Rs.2,000/- (Rupees Two Thousand) only towards compensation for the delay in repairing the DVD player and also directed to pay Rs.1,000/- (Rupees One Thousand) only for cost of this proceedings to the complainant. This Order must be complied by the opposite party within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 9th day of September 2013.
Date of Filing:29.06.2012. PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Sabu. Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Copy of the previous case.
A2. Copy of Courier Receipt.
A3. Warranty cum Operation instructions.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
