BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.25/2018

DATED ON THIS THE 28^th March 2018

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

                     2) Sri. Devakumar.M.C.                  

                                                B.E., LLB., PGDCLP   - MEMBER

Sri. Devakumar,M.C.

Member

1.     The complainant filed the complaint under Section 12 of the Consumer Protection Act 1986, against the opposite parties alleging deficiency in service and seeking a direction to rectify the defects in the T.V.Set and return the same with a compensation of Rs.2,00,000/- with such other reliefs.
2. The Videocon LED T.V. purchased by the complainant for a sum of Rs.43,000/- on April 2016, suffered in telecasting certain specific Channels.  He was deprieved of watching certain channels/programmes, as the same was not displaying.  The same has been alleged as manufacturing defects and requested the opposite party No.2, the Authorised Service Centre of O.P.1, to rectify the defects in the T.V., but in vain.  In spite of handing over the T.V. the opposite party No.2 could not rectify the defects, thereby the complainant and his family members were deprieved from watching T.V. programmes.  Hence the aggrieved filed the complainant seeking reliefs.
3. Despite of service of notice, the opposite parties remained absent and hence placed exparte.
4. To establish the facts, the complainant lead evidence by filing affidavit and relied on several documents.  Heard the oral submissions of the counsel.  Perused the material and posted for orders.

5.     The points arose for our consideration are:-

1. Whether the complainant established the deficiency in service by the opposite parties, for not rectifying the defects and on failure to return the T.V. set duly repaired and thereby he is entitled for the reliefs sought?
2. What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The Videocon-DDB, LED TV, having display screen of 42 inches was purchased for a sum of Rs.43,000/-in April 2016 from the authorised dealer of opposite party No.1.  The O.P.2 is the authorised service centre of O.P.1, who undertakes repair of product of O.P.1
8.   Some problem in telecast of certain channel was noticed and a complaint was lodged with Customer care centre of O.P.1 on 20.08.2017.  On the advice of the O.P.1, the T.V. was handed over to O.P.2 for rectifications.  On 15.09.2017 the Service technicians, after inspection suggested for installation of software to view the channels sought. But the O.P.2 failed to return the T.V. rectifying the defects, and kept on dodging.  Further, the service charges as demanded, has been paid through cheque on 28.11.2017.  Thereby alleged that, he and his family members suffered mental agony and inconveniences.  Hence the aggrieved filed the complaint and sought for the reliefs.
9.  The opposite parties remained absent, hence placed Exparte.

10. The material on record established that, the defective T.V. was handed over to O.P.2 for rectification on 15.09.2017.  The correspondences and the messages established that, the opposite parties failed to rectify the defects.  However, the complainant failed to establish the payment of amount by means of cheque to O.P.2 vide cheque No.170638 dt.28.11.2017.  The negligence by the opposite parties is established.  As such, the opposite parties are jointly and severally liable to rectify the defects in T.V. and return the same to the complainant within 30 days of this order or to replace the defective T.V, by defect free new T.V. within 30 days of this order or to refund the value of the T.V. (i.e.Rs.43,000/-) with compensation.  Accordingly the point No.1 is answered partly in the affirmative.
11. Point No.2:- In view of the above observations, the following  order:-

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite parties are jointly and severally hereby directed to get rectified the defects in the T.V. within 30 days of this Order or to replace the defective T.V. by defect free new T.V. of similar make and feature within 30 days of this order or to refund the value of the T.V. ( i.e. Rs.43,000/-) to the complainant within 30 days of this order.  In default, to pay penalty of Rs.50/- per day, until compliance.
3.  The opposite parties hereby directed to pay Rs.1,000/- as compensation for the deficiency in service and Rs.1,000/- towards litigation expenditure, to the complainant, within 30 days of this order.  In default to pay, penalty of Rs.50/- per month, until payment made
4. In case of default to comply this order, the opposite party to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 28^th March 2018)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

                               (DEVAKUMAR.M.C.)

                                       MEMBER