By Sri. A.S. Subhagan, Member:
This complaint is filed by the Complainant under section 35 of the Consumer Protection Act 2019 stating that the LED TV purchased by him on 13.09.2022 from the Opposite Party was damaged and as such, he could not use it even for a day after its purchase. This matter was intimated to the Opposite Party. The Opposite Party promised to cure the damage. But, in spite of repeated demand the Opposite Party did not cure the damage so far. The TV had one year warranty. The inaction from the part of the Opposite Party has caused financial loss and mental hardships to the Complainant and the Members of his family. Hence, this complaint with prayers to direct the Opposite Party to refund the price of the TV, Rs.8,700/- and to pay compensation of Rs.20,000/-.
2. Though summons was served on the Opposite Party for appearance before the Commission, they did not appear and contest the case. Hence the Opposite Party was set ex-parte.
3. Affidavit was filed by the Complainant and Ext.A1 and A2 were marked from his side. He was examined as PW1. Ext.A1 is the bill issued by Opposite Party reveals that the Complainant had purchased the TV from the Opposite Party. Ext.A2 is the Warranty Card issued by the Opposite Party in respect of the TV which reveals that the TV had one year Warranty. The Opposite Party had the opportunity to appear before the Commission and contest the case. But they did not appear and contest the case. Hence, the Commission has no other option than to accept the allegations of the Complainant. The allegations of the Complainant have been substantiated by Exts.A1 and A2. Hence the Complainant has succeeded in proving deficiency in service/unfair trade practice from the part of the Opposite Party. As deficiency in service/unfair trade practice is proved against the Opposite Party, they are liable to refund the price of the TV, pay compensation and cost to the Complainant.
In the result, the complaint is allowed and the Opposite Party is directed to
- Refund the price of the TV, Rs.8,700/- (Rupees Eight Thousand and Seven Hundred Only)
- Pay Rs.20,000/- (Rupees Twenty Thousand Only) as compensation for financial loss, mental hardships etc.
The above amounts shall be paid to the Complainant within one month from the date of this Order, failing which the amount will carry interest @ 9% per annum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 18th day of August 2023.
Date of Filing:-05.05.2023.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the Complainant:-
PW1. Shaju. V. M. Driver.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Bill of Supply. Dt:15.09.2022.
A2. Warranty Card.
Exhibits for the Opposite Party:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
Kv/
