Smt. K.P. Padmasree (  Member – I ):

        The complainant filed this complaint against the opposite parties for getting a relief from the Forum.  Brief facts of the case is as follows :

          2. On 01.05.2015, complainant had purchased a Samsung L.E.D T.V from the 1^st opposite party by paying Rs.13,500/-, which was manufactured by the 3^rd opposite party.  First 3 days T.V worked smoothly.  Thereafter screen of the T.V become dark circled and it become faulty.  Complainant approached the 1^st opposite party with the complaint.  1^st opposite party promised to rectify or replace the T.V set.  But till the date of filing the suit they have not taken any steps.  As per the direction of the 1^st opposite party, complainant approached the 2^nd opposite party service center and thereafter the 3^rd opposite party several times for redressing his grievance.  But they have not taken any steps.  The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant.  Hence this complaint for getting the price of the T.V Rs. 13,500/- along with cost and compensation of Rs.2500/-.

          3. In this case 1^st and 3^rd opposite party received the notice but they have not turned up and hence they were declared exparte.  2^nd opposite party service center entered appearance and filed version with the following contentions:  After getting the complaint from the complainant, technicians of the 2^nd opposite party inspected the T.V and found that there are dark circles in the screen and replacement of panel is necessary for rectifying the defect.  2^nd opposite party informed the matter to the 1^st opposite party with photograph of panel and made purchase order for panel replacement.  But the technical department of the 3^rd opposite party rejected the order by saying that T.V become faulty due to the carelessness of the complainant and replacement is not possible in warranty period.  Being a service center 2^nd opposite party is not able to replace or rectifying the defect.  Hence 2^nd opposite party prays for deleting them from the party array.

                    4. We peruse the complaint, version and the records produced by the complainant and frame the following issues for consideration.

1. Whether the petition is maintainable before this Forum?
2. Whether any deficiency in services or unfair trade practice committed by the opposite party as alleged?
3. Regarding the relief and costs?

                  5. The evidence in this case consists the oral evidence of the complainant as PW1 and Ext.A1 to Ext.A2.  There is no oral or documentary evidence from the side of the 2^nd opposite party.  Though the opposite party No.2 filed version but not turned up for cross examination.  Hence the evidence of the complaint is unchallengeable as far as this complainant is concerned. After closure of the evidence, complainant was heard.

                6. Point No.1:-   The complainant is a consumer of opposite party and the dispute between the complainant and opposite party is with regard to a deficiency of service and hence this complaint is maintainable before the Fourm.

         7. Point Nos.2 & 3:- The complainant has been examined as PW1 and the documents produced by him were marked as Ext.A1 and A2.  Ext.A1 is the Retail Invoice of Rs. 15,000/- issued by the 1^st opposite party to the complainant on 01.05.2015.  Ext.A2 is the User Manual cum Warranty Card issued by the manufacturer.  PW1 deposed that he informed the complaint of the T.V to the opposite parties several times but there is no response from the 1^st and 3^rd opposite party.

                  8. Complainant’s case is that, he purchased a Samsung Model LED T.V from the 1^st opposite party for paying Rs.15,000/-.  On the 4^th day onwards the screen of the T.V is dark circled and therefore screen is not clear.  He informed the matter to the opposite parties.  2^nd opposite party examined the T.V but they are not able to rectify the defect.  They informed the matter to 1^st and 3^rd opposite party.  But they have not turned up.  Therefore complainant filed this complaint for getting the price of the T.V along with cost and compensation.

                  9. On going through the evidence of this case Ext.A1 clearly proves that complainant had purchased a Samsung LED T.V from the 1^st opposite party by paying Rs.15,000/-.  Ext.A2 is the User manual cum Warranty card of the T.V set issued by the manufactures.  In the warranty card clearly printed that “guarantee to the purchaser that their products carries a warranty for the period of 12 months commencing from the date of purchase.  The company will repair free of charge ……………”. Complainant’s T.V become faulty during the warranty period and the complainant is entitled to get the benefit as per the warranty card Ext.A2.  Complainant several times informed the matter to the opposite party No.1 and 3, but there is no response from the opposite side.   When we examined the evidence of this, it is clear that 2^nd opposite party has not committed any deficiency in service since they are only a service center and moreover they attended the complaint and give proper direction to 3^rd opposite party.  Hence we are exonerating 2^nd opposite party from all charges.  The non–compliance of the conditions in Ext.A2 warranty card is a clear deficiency in service from the part of the 1^st and 3^rd opposite party.  Due to the non–functioning of the TV set the complainant has sustained financial loss, mental agony and other inconvenience from the opposite parties.  Therefore, the complainant is entitled to get a reasonable compensation from the opposite parties.  In these circumstances the complainant’s prayer can be allowed.

        10. In the result, this complaint is allowed thereby the 1^st and 3^rd opposite parties are directed to give a new T.V set of the same model after taking back the old T.V set or to pay the purchase price of Rs.15,000/- (Rupees Fifteen Thousand only) as per Ext.A1 along with cost of Rs.2,000/- (Rupees Two Thousand only) and compensation of Rs.5,000/- (Rupees Five Thousand only) to the complainant within 15 days from the receipt of this order.  Failing which complainant is allowed to realize 10% interest for the award amount.

          Declared in the Open Forum on this the 30^th day of November, 2015. 

                                                                                   (Sd/-)

                                                                           K.P. Padmasree

                                                                              Member – I 

Sri. P. Satheesh Chandran Nair, (President)         :   (Sd/-)

Smt. Sheela Jacob (Member – II)                          :   (Sd/-) 

Appendix:

Witness examined on the side of the complainant:

PW1  :  Vinod. P.A

Exhibits marked on the side of the complainant:

A1  :  Retail Invoice bill dated 01.05.2015 for Rs.15,000/- issued

         by the 1^st opposite party in the name of the complainant.

A2  :  User Manual (Warranty Card).         

Witness examined on the side of the opposite parties:  Nil.

Exhibits marked on the side of the opposite parties:  Nil.          

                                                                                                  (By Order)

Copy to:- (1) Vinod P.A, Panakkezhil  Parambil, Nariyapuram P.O,

          Pathanamthitta District – 689 531

     (2) Vijaya Home Appliance, MGM Tower, Thekkemala P.O,

          Kozhencherrty, Pathanamthitta – 689 654.

     (3) SNG Electronics, Samsung Building (Servicing)

          Kulathoor Building, Mundukottakkal P.O,

          Pathanamthitta – 689 649.

     (4) Samsung India Electronics Pvt. Ltd., Plot No. P -1,

          Sipkot Industrial Park, Phase II, Sunkuvarchatram P.O,

          Kancheepuram District, Tamil Nadu – 602 106.

     (5) The Stock File.