IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 3rd DAY OF SEPTEMBER 2019
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LLM. President
Smt.S.Sandhya Rani. Bsc, LLB ,Member
CC.No.134/2018
Sanil P.S., Poikayil Veedu,
Peroor, TKMC P.O.,
Kollam 691005. : Complainant
(By Adv. Unnikrishnan S.D. )
V/S
- Videocon Industries Ltd.,
Aurangabad-Paithan road,
Chitegaon, TQ Paithan,
Aurangabad dist. 431105.
- Prasanna Home Appliances,
Ezhukone P.O., Kollam 691 505.
(By Adv.B.N.Haskar)
- Signal Electronics, Sishira
Kadappakkada Nagar-1,
Kadappakkada, Kollam 691 008.
FINAL ORDER
Smt.S.Sandhya Rani. Bsc, LLB ,Member
This is a consumer complaint filed U/Sec. 12 of the Consumer Protection Act.
The averments in the complaint in short as follows.
There the complainant has purchased a Videocon LED TV worth Rs. 29,500/- from the shop of 2nd opposite party, as per invoice No.314 on 13.05.2015 with 3 years replacement warranty. Functioning of said TV was not satisfactory during the first two months of its purchase, that clarity of the LED screen was not proper and when the complainant informed the same to 2nd opposite party and demanded for replacement, the 3rd opposite party rectified the defect by stating that adjustment of the picture was not fine. Thereafter on 08.11.2017 display of the TV lost without any reason. As per the direction of 2nd opposite party, the complainant approached 3rd opposite party on 11.11.2017 with the TV. After inspection by their technician it was found out that LED panel complaint and assured that the defective panel would be replaced by a good one without any charges because the complaint was occurred within the warranty period. By believing their words the complainant entrusted the TV with them for repairing the same. Thereafter when he contacted 3rd opposite party after one week, he replied that LED panel of said TV is not available in the market, therefore they are ready to replace the TV itself with a brand new one of the same make. But the opposite parties failed to comply the assurance even after one month. Again when the complainant demanded replacement of the TV with the area Manager of 1st opposite party through telephone, he assured that the complainant is eligible for getting a new TV of the
same brand and that conversation was recorded by him. Again on last week of next year January when the complainant contacted 3rd opposite party, one of staffs behaved rudely and that caused immense mental agony to the complainant. Hence the complainant suffered financial loss mental strain and agony with the poor service of opposite parties 1 to 3 and hence he is liable to be compensated.
On 06.02.2018 he sent legal notice to opposite parties 1 to 3 calling upon them to replace the said LED TV with a brand new one of the same make in the alternative give an amount of Rs.29,500/- to the complainant being the piece of the said LED TV with interest @ 12 % per annum from 13.05.2015 with a compensation of Rs.50,000/- for the pain and loss suffered by him. According to the complainant the above act of the opposite parties 1 to 3 is unfair trade practice and there is clear deficiency in service and the complainant sustained mental agony apart from financial loss.
Hence the complaint.
Though notice was served to opposite parties 1 to 3, only 2nd opposite party filed vakalath but none of them filed version and thereby all opposite parties remain exparte. Exparte evidence was recorded. Complainant filed affidavit and got marked Exts.P1, P2, P3 series and P4 series. Heard the counsel for the complainant.
The complainant has filed affidavit by re-iterating the averments in the complaint and got marked Ext.P1 invoice No.314 dated 13.05.2015 which would establish that the complainant has purchased Videocon LED TV worth Rs.29,500/- from 2nd opposite party. It is true that warranty has not been produced but it is seen from Ext.P2 lawyers notice that the date of purchase of TV is 13.05.2015 and it was having 3 years replacement warranty. Ext.P3 series is the postal receipts evidencing the sending of lawyer notice to the three opposite parties. Ext.P4 series is the postal acknowledgment card evidencing the receipt of lawyer notice by all the 3opposite parties. It is seen from the records that the opposite parties were received the lawyer notice and the complaint is seen filed on 14.06.2018. Though there is a time gap of 6 and odd months, the opposite parties remained silent without disputing the 3 years warranty claimed in the lawyer notice. It is further to be pointed out that though copy of the complaint stating that the LED TV sold by the 2nd opposite party is having 3 years replacement warranty they kept and remained exparte without even filing version disputing 3 years warranty claimed in the complaint and lawyer notice. In the circumstances we are inclined to accept the claim of the complainant that LED TV manufactured by 1st opposite party and sold by 2nd opposite party is covered by 3 years warranty. Hence the non production of the warranty document is not much fatal to the case of the complainant.
It is cristal clear from the available materials that the LED TV purchased from the 2nd opposite party as per Ext.P1 invoice has become defective from the first two months of its operation and the complainant demanded replacement but the defect was rectified temporarily by the 2nd opposite party. However again on 08.11.2017 the display of the TV was lost without any reason. As directed by the second opposite party the complainant approached the 3rd opposite party on 11.11.2017 and demanded to repair display complaint and after inspection by the technician of the 3rd opposite party it was found complaint on LED panel and assured to replace LED panel free of cost. But the opposite parties have not replaced the LED panel by stating that the same is not available in the market and also assured to replace the defective TV itself but not replaced it till date. Hence it is clear from the materials on records that there is deficiency in service on the part of opposite party 1 to 3. In the circumstances complainant is entitled to get the LED TV replaced by a new TV of the same type and value and in the alternative the complainant is entitled to get the price as the Ext.P1 invoice along with interest.
It is clear from the available materials that the new LED TV manufactured by the 1st opposite party and sold by 2nd opposite party for a price of Rs.29,500/- has became defective within 2 months of its purchase and continue to be defective and therefore it is clear that the complainant has sustained mental agony apart from financial loss. Therefore the complainant is also entitled to get reasonable compensation and cost of the proceedings.
In the result complaint stands allowed directing the opposite parties No.1 to 3 to
- Replace the LED TV involved in this case which is now kept by 3rd opposite party with a brand new one of the same specification and value within 30 days from the date of receipt of copy of this order, failing which opposite party 1 to 3 shall pay rupee 29,500/- being the value of LED TV along with interest at the rate of 9 % per annum from the date of complaint till realization.
- Opposite party 1 to 3 are also directed to pay Rs. 10,000/- as compensation.
- They are also directed to pay Rs.5000/- as costs of the proceedings.
If opposite parties 1 to 3 failed to comply with directions number 1 to 3 the complainant is at liberty to recover Rs.39500/- (Rs.29,500+10,000) with interest at the rate of 12 % per annum from the date of complaint till realization along with cost Rs.5,000/- from opposite party 1 to 3 jointly and severally and from their assets.
Dictated to the Confidential Assistant Smt.Minimol S. transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 3rd day of September 2019.
E.M .MUHAMMED IBRAHIM:Sd/-
S.SANDHYA RANI:Sd/-
INDEX
Witnesses Examined for the Complainant:- Nil
Documents marked for the complainant
Ext.P1:- Invoice of Videocon LED TV dated on 13.05.2015
Ext.P2:- Lawyers notice
Ext.P3 Series: - Postal Receipts (3 Nos)
Ext.P4 Series:- Postal acknowledgment card (3 Nos)
Witness examined for the opposite party:-Nil
Documents marked for the opposite party:-Nil
Forwarded/by Order
Senior Superintendent
