By Smt. Padmini Sudheesh, President:
The case of complainant is that on 31.12.04 the complainant purchased a 21” Sony TV from the first respondent under exchange offer. As per the offer the first respondent would value the old TV and purchase the same. The price of the old TV will be reduced from the amount of new TV and complainant had to pay the balance amount. Accordingly the 1st respondent valued the old TV for Rs.2000/-. The complainant selected a 21” Sony TV priced Rs.14,500/-. As agreed upon the complainant paid Rs.12,500/-. While taking delivery of the new TV the salesman Biju of 1st respondent shop assured to hand over the bills and warranty card when they came to complainant’s house to take delivery of old TV. But the salesman who came to take delivery wanted the complainant to come to the shop to collect the bill and warranty card. When the complainant approached first respondent they demanded an additional amount of Rs.1250/-. On enquiry it was told that the complainant’s TV doesn’t worth Rs.2000/-. The complainant approached the first respondent several times to get back the bill and warranty. He even demanded to return the old TV and Rs.12,500/- and back the new TV. But the respondent was not amenable. The complainant sent a lawyer notice to which there was no response. Hence the complaint.
2. The version of first respondent is to the effect that at the time of sale the bill and warranty card were handed over to the complainant and the averments in contrary are not correct. The complainant approached this respondent to get a new model TV instead of the new TV purchased by him. But this respondent refused the same. So this complaint is filed out of this enmity. Hence dismiss.
3. The 2nd respondent remained exparte.
4. The points for consideration are that:
(1) Whether there was any unfair trade practice committed by
Respondents?
(2) If so reliefs and costs.
5. The evidence consists of oral testimonies of PW1 and RW1 and Exts. P1 and P2.
6. Points: It is the case of complainant that on 31.12.2004 he purchased one 21” Sony TV from the first respondent under exchange offer. But the bill and warranty card of the same were not given to him so far even after repeated demands. This complaint is filed to get those documents along with compensation. The first respondent filed their counter by stating that at the time of sale they have given the bill and warranty card and this complaint is only experimental. The complainant is examined as PW1 and two documents are marked. It is his definite case in the box also that even if demanded no bill is given to him. According to him the respondent misbehaved also. It is the definite case of PW1 that no bill and warranty card were issued so far. The documents produced by him are only the copy of lawyer notice and the acknowledgement card of the same. RW1 is examined on the part of first respondent and he is unaware about the facts of the case. The averment in the lawyer notice about the non-acceptance of bill and warranty card is unaware to him. He is also not aware of the direction of Forum to produce the bill book and particulars of warranty card.
7. The complainant filed an application for production of documents, that is, bill book and particulars of warranty card issued to complainant by respondents. But those documents were not produced and one affidavit is filed by first respondent stating that there is no bill book and at the time of sale the original bill and copy will be got from computer and the original bill will be served to consumer and the copy will be kept by them. It is stated that particulars of warranty is produced. Even if it is produced it is not marked.
8. It is the definite case of PW1 that the bill and warranty card are not issued to him. This complaint is filed only to get those documents. Even if first respondent appeared and contested the matter, RW1 is not aware about the issuance of those documents. The demand of PW1 in Ext. P1 about these documents is also not known to him. The first respondent produced one copy of warranty particulars and it is unfilled. In these circumstances the claim of complainant is to be believed.
9. In the result the complaint is allowed and first respondent is directed to issue the bill and warranty card and pay Rs.5000/- (Rupees five thousand only) as compensation within two months from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 26th day of March 2013.
