By. Sri. K. Gheevarghese, President :-
 

The complaint filed under section 12 of the Consumer Protection Act.
 

The complaint in brief is as follows:- The Complainant is the purchaser of a Television Set of Akai brand at a price of Rs.10,000/- on 28.6.2008. The purchase was done in the exchange of the old and used T.V owned by the complainant. The T.V set had a warranty of one year and the warranty extended to the colour picture tube for two years. The T.V became inoperative on 16.3.2009 and the same was informed to the 1^st Opposite Party. In different occasions the 1^st Opposite Party was complained. The defect of the T.V and finally on 05.05.2009 T.V was entrusted to the 1^st Opposite Party to get it repaired. The T.V entrusted to the 1^st Opposite Party was not repaired and given back even after the laps of 2 months period. Which caused heavy loss and hardships to the Complainant. The Complainant is to be compensated with Rs.10,000/- the price of the T.V along with cost and compensation.

2. The 2^nd Opposite Party is the manufacturer of the T.V and the 1^st Opposite Party is the dealer of the T.V. There may be an order directing the Opposite Party to refund the price of T.V Rs.10,000/- along with cost and compensation.

3. The Opposite Parties No.1 to 3 filed version in brief it is as follows:- The purchase of the Akai T.V for an amount of Rs.10,000/- from the 1^st Opposite Party is under the offer on exchange of the old T.V. The Complainant was guided by the readiness and willingness to purchase the brand new Akai T.V in exchange of the old T.V. The T.V sold to the complainant had a warranty of repairing of one year and extended warranty of two years for the colour picture tube. The averment of the Complainant that the T.V was not working from 16.3.2009 onwards is incorrect. The non function of the T.V was informed to the 1^st Opposite Party on 24.3.2009 and the reason for the same was due to lightening. On 25.3.2009 itself the service personal from the company attended the T.V and found that the complaint of T.V was due to the impact of lightening. The Complainant was also informed that in destruction of the parts caused due to lightening, the repair and replacement do not cover the warranty conditions. Any how after repair and replacing of the parts of the T.V it is kept in the shop of the 1^st Opposite Party on 27.5.2009 on working condition. The same was also informed through telephone to the Complainant.

4. The T.V purchased by the Complainant in the exchange offer was free from any manufacturing defects. Any malfunctioning of the T.V if evented, upon information from the Complainant it was rectified without any delay. The natural calamities if caused in destruction to the T.V it is not covered under warranty which is exemplified in the terms of warranty. The Opposite Parties are not liable for the delay in the non availability of components. The delay caused in the repair of T.V was only due to the non availability of the components however the T.V set was repaired and kept in the shop from 27.5.2009 onwards. The Complainant on other hand is not ready to take back T.V which is repaired. More over the Opposite Party has replaced the components which are damaged in the natural calamities like lightening. There is no deficiency in the service of the Opposite Party the complaint is not born out with bonafied reasons and it is to be dismissed with cost.

5. The points in consideration are:-

1. Is there any deficiency in service?

2. Relief and cost.

6. Points No.1 and 2:- The evidence in this case consists of the oral testimony of the Complainant and 1^st Opposite Party. Exts.A1 to A3, Exts. X1 and X1(a) to X1(d) are the documents produced for the Complainant.

7. The case of the Complainant is that the T.V set purchased by him in exchange offer on payment of Rs.10,000/- and the old T.V which was in use of the Complainant was not repaired and given back to the Complainant in the warranty period. The Complainant has no plea in the Complainant that T.V set is having manufacturing defect. The complaint of the T.V  set was in the warranty period. On 16.3.2009 the T.V set of the Complainant became inoperative. On examination of the Complainant it is admitted that upon information of the complainant to the 1^st Opposite Party on 24.3.2009. The 1^st Opposite Party attended the complaint and the T.V set was taken for repair on 25.3.2009. The T.V set was inoperative because of the complaint of picture tube and other components. The Complainant already admitted that the T.V set was repaired and kept in shop and it was also informed to the Complainant over telephone. The warranty conditions further amplifies that the damages by the natural calamities do not cover the terms of warranty. The delay in the repair of the T.V set is because of the non availability of the components required according to the 1^st Opposite Party. We are in the opinion that the cause of delay in giving back the repaired T.V set is unreasonable. The claim of the Complainant for the refund of the amount spent for the purchase of the T.V cannot be considered in the absence of any plea for manufacturing defect. The Complainant is to be given back the T.V in working condition along with cost.

In the result, the complaint is partly allowed. The 1^st Opposite Party is directed to give back the Complainant the T.V set entrusted for repair in working condition along with cost of Rs.750/- (Rupees Seven hundred and Fifty only) within one month from the date of this order.

Pronounced in open Forum on this the day of 31^st December2009.

PRESIDENT: Sd/-

MEMBER- I: Sd/-

MEMBER-II: Sd/-

APPENDIX

Witness for the Complainant.

PW1. M.K. Jose. Complainant.

Witness for the Opposite Parties.

OPW1. A. Gokulan. Business.

Exhibits for the the Complainant:

A1. Invoice. dt:28.6.2008.

A2. Customer Warranty Card.

A3. Receipt. dt:5.5.2009.

X1.(2 books) Daily Call Register.

X1(a). 19^th page of Daily Call Register.

X1(b). 32^nd page of Daily Call Register.

X1(c) 6^th page of Daily Call Register.

X1(d) 11^th page of Daily Call Register.

Exhibits for the Opposite Parties:

Nil.