DATE OF FILING : 10.11.2016

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30^th day of March, 2017

Present :

SRI. S. GOPAKUMAR PRESIDENT

SRI. BENNY. K. MEMBER

CC NO.309/2016

Between

Complainant : Joy Kuriakose,

Paimpillil House,

Karimkunnam P.O.,

Idukki.

(By Adv: K.M. Sanu)

And

Opposite Parties : 1. The Manager,

Bismi Appliances, Pala Road, Thodupuzha P.O.,

Idukki.

2. The Managing Director,

Daeon Electronics (P) Ltd.,

Bismi Appliances,

Pala Road, Thodupuzha P.O.,

Idukki.

O R D E R

SRI. BENNY K., MEMBER

          Complainant had purchased a Daeon LED television on 3.4.2016 from the 1^st opposite party, which was manufactured by the 2^nd opposite party.  The television became defective after 6 months and the matter was informed to the 1^st opposite party.  But the 1^st opposite party never repaired the same. Within  the warranty period itself the TV became defective and the  opposite parties  are not ready to rectify the defects of the TV.  The act of the opposite parties is unfair trade practice and they have to compensate for the same for mental agony and financial loss caused.  Hence he approached the Forum for getting the TV to be repaired or return the money back and for compensation for mental and financial hardships.

(cont....2)

- 2 -

          The 1^st and 2^nd opposite parties never turned up, nor filed any written version and remain absent, hence they set exparte.

          The point for consideration is whether there is any deficiency in service from the part of opposite parties and if so, for what relief the complainant is entitled to ?

          The evidence consists of oral testimony of PW1 and Exts.P1 and P2 marked from the side of the complainant and no evidence adduced by the opposite party.

          The POINT :-   Complainant is examined as PW1.  He purchased a Daeon LED TV on 3.4.2016 for Rs.20,990/-.  Ext.P1 is copy of bill.  While purchasing the TV, opposite party issued a warranty  card and  Ext.P2 is copy of the same. Within the warranty period itself, the TV became defective.  This matter was immediately informed the 1^st opposite party, and he advised to contact the manufacturer.  But both opposite parties are not ready to rectify the defects of the TV within warranty period itself.  Hence the complainant approached the Forum against unfair trade practice and for compensation.

          After receiving notice from the Forum, opposite parties are not turned up and has no contentions raised against the allegations of the complainant.

          We, the Forum think that the consumer who paid a huge amount for buying the LED TV and which is become defective within the warranty period itself, the opposite parties are not at all ready to rectify the defect and not providing proper after sale service is a gross unfair trade practice and the opposite party should return the cost of the television.

          Hence the petition allowed.  Opposite parties are directed to return the cost of the television as per Ext.P1 to the complainant and also directed to pay Rs.3000/- as cost and compensation of the petition, within 30 days of

(cont....3)

- 3 -

receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.

          Pronounced in the Open Forum on this the 30^th day of March, 2017

Sd/-

                                                                             SRI. BENNY K., MEMBER

Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Joy Kuriakose.

On the side of the Opposite Party :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of receipt.

Ext.P2 - Copy of warranty card.

On the side of the Opposite Party :

Nil.

/ Forwarded by Order /

SENIOR SUPERINTENDENT