IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 30th day of April, 2010
Filed on 23.11.2009
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.389/2009
between
Complainant:- Opposite Party:-
Sri.Giji. V., Naluparathara Veedu The Proprietor
Thalayazhom, Vechoor P.O. Next Retail India Ltd.
Vaikkom, Kottayam Cherthala, Padayani
Palam – 688 524
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri. V. Giji has filed this complaint before the Forum on 23.11.2009 alleging deficiency in service and negligence on the part of the opposite party. The allegations are as follows:- On 20.10.2009 he had purchased a Nord Mento Brand name LCD TV from the opposite party’s shop, for a sum of Rs.9900/-. At the time of purchase of the above set, the opposite party assured that if any complaint to the set, it will be rectified within 72 hours and offered warranty for a period of one year. It is alleged that from 31.11.09, the TV set became defective and not functioning. Immediately, he contacted the opposite party’s firm and informed the matter. They have deputed a mechanic and he had inspected the set and taken a board of the set. It is further alleged that so far, the opposite party had not taken any steps to rectify the defects of the set or exchanged a new one instead of the defective set. At the time of inspection of the set, the mechanic had suggested that the said set has manufacturing defect and to exchanged through the opposite party’s firm. So far, he had not obtained any relief from the opposite party. Hence this complaint.
2. Notices were issued to the opposite party. Even though they have accepted the notice of this Forum, they have not entered appearance before the Forum or filed any version, stating the details of this matter.
3. Considering the allegations of the complainant, this Forum has raised the following issues for consideration:-
1) Whether there is any deficiency in service on the side of the opposite party?
2) Whether the complainant is entitled to get the relief prayed for?
4. Issues 1 and 2:- Complainant filed proof affidavit in support of his case and produced 2 documents – Exts.A1 and A2 were marked – Ext. A1 is the purchase Bill No.84 dt. 20.10.2009 issued by the opposite party to the complainant, after receiving an amount of Rs.9900/- towards the price of the TV set. The Bill was signed and sealed, Ext. A2 is the customer warranty card. It shows that the warranty for the set was for one year from the date of purchase.
5. We have heard the matter in detail and verified the documents. The complainant had purchased the said LCD TV set from the opposite party for a sum of Rs.9900/- on 20.10.2009. After one month the set became defective and not functioning. As per the request, the mechanic of the opposite party inspected the set and taken one board from the set and not rectified the defect permanently. The complainant requested the opposite party to rectify the defect or given a new set instead of the defective set. The request of the complainant was not considered by the opposite party. The opposite party has not taken any sincere effort to settle the matter. The complainant has not obtained any relief from the opposite party so far. The entire action of the opposite party shows that there is grossest deficiency in service and willful negligence by way refusal to rectify the defect of the set permanently or exchange of a new one. The action of the opposite party further shows their unfair trade practice. The opposite party is fully bound to rectify the defects of the set or give a new set in case any defect occurred within the warranty period. But the opposite party has not turned up to give a proper relief to a bone fide purchaser. Since there is grossest deficiency in service; willful negligence and unfair trade practice on the part of the opposite party, the complainant is entitled to get sufficient compensation including punitive costs and other relief from the opposite party. It is further noticed that even though the opposite party has accepted notice of this Forum, they have not cared to appear before this Forum for stating the details of this matter. This shows the irresponsible attitude of the opposite party against this issue. There is no justification on the part of the opposite party to refuse to rectify the defects of the set permanently having the price of Rs.9900/- or denial to give a new set if the purchased set has manufacturing defects. So considering the allegations of the complainant against the opposite party are to be treated as genuine and complaint is to be allowed. All the issues are found in favour of the complainant.
In the result, we hereby direct the opposite party to give a new brand LCD TV set having the same price of Rs.9900/- (Rupees nine thousand and nine hundred only) and having same specification after collecting the defective set from the complainant and pay a sum of Rs.5,000/- (Rupees five thousand only) to the complainant as compensation for his mental agony, pain, inconvenience, physical strain and loss by taking a new cable connection, due to the deficiency in service, willful negligence and unfair trade practice of the opposite party by way of refusal to give a new set instead of the defective set, denial of rectifying the defects of the set in time and further pay a sum of Rs.2000/- (Rupees two thousand only) as punitive costs to the complainant, along with a sum of Rs.1000/- (Rupees one thousand only) as costs of this proceedings. We further direct the opposite party to comply with the order within 20 days from the date of receipt of this order. In case any default to comply with order, opposite party shall pay interest to the amount of Rs.9900/- at the rate of 12% from the date of filing of this petition before the Forum
Complaint allowed.
Pronounced in open Forum on this the 30th day of April, 2010.
Sd/- Sri. K. Anirudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of the Bill No.84 dt. 20.10.2009
Ext.A2 - Copy of the Customer warranty card
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- Pr/-
Compared by:-
