IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Friday,   the 30^th day of September, 2016

Filed on 29.06.2016

Present

1.         Smt. Elizabeth George (President)

2.         Sri. Antony Xavier (Member)

3.         Smt. Jasmine D (Member)

in

CC/No.214/2016

 Between

Complainant:-                                                                                         Opposite party:-

Smt. Thankamma. K.                                                                          TV World Home Appliance

Mukil Parambil House                                                                        West of Pichu Iyyer Junction

Eravukad Ward                                                                                   Cullen Road, Alappuzha

Pulayanvazhy P.O., Alappuzha

O R D E R

SRI. ANTONY XAVIER (MEMBER)

The  complainant’s case succinct is as follows:-

The complainant on 10^th March 2016 purchased a LED TV for an amount of Rs.13,000/-.  However barely after a month in May 2016, the said gadget displayed imperfection.  The complainant approached the opposite party, and impressed upon them as to the defect of the TV, she purchased from the opposite party.  The opposite party demanded Rs.9,000/- from the complainant to set the defect of the TV right.  The said TV was purchased only a few days back, and hence the complainant demanded the opposite party to either to repair the TV to perfection or replace the same with a brand anew.  The opposite party was disinclined to fall in line with the repeated requests of the complainant and refused to repair or replace the defective device.  On being aggrieved on this, the complainant approached this Forum for compensation and other relief. 

2.  Though notices were sent, the opposite party never made it a point to turn up before this Forum.  Even notice was put up in prominent daily which also evoked no response from the opposite party.  With the result the opposite party was made ex-parte proceeded with the case as per law.      

   3.  The complainant filed proof affidavit and her evidence of the complainant consists of the testimony of the complainant as PW1, and the documents Exts.A1 and A2 were marked.  As observed earlier, the opposite party neither turned up nor challenged the complainant’s case.

  4.  Going by the complainant’s contention, the questions that arise before us for consideration are:-

1)Whether the opposite party’s service is deficient?

2. Whether the complainant is entitled to any relief?

5.    Keeping in mind the complainant’s contentions, we went through the complaint, proof affidavit and all other materials placed on record before us.  On a perusal of the records it can very well infer that the complainant had purchased a TV from the opposite party for an amount of Rs.13,000/-.  A few days after the said purchase of the material device, the said gadget ran to damage.  Though the opposite party instantaneously approached the opposite party to get her grievance reddressed, the opposite party obstinately refused either to repair or replace the defective device.  The complainant’s testimony, the documents Exts.A1 and A2 go a long way to show that the complainant has purchased the material TV from the opposite party and the same fell defective within a few days.  In this context, the opposite party’s unwillingness to address the complainant’s grievance is nothing but service deficiency to the hilt.  We have been very much persuaded to hold that the case of the complainant stands well established, and it goes without saying that the complainant is entitled to relief.  

In the premise of the facts and circumstances discussed herein above, the opposite party is directed either to replace the material TV with a similar brand new one to the complainant failing which the opposite party shall refund Rs.13,000/- with 12% interest to the complainant from the date of the instant complaint till the payment of the same.  The opposite party is further directed to pay to the complainant an amount of Rs 15,00/- (Rupees one thousand five hundred  only) as compensation and Rs.1,000/- (Rupees one thousand only) as cost.  The opposite party shall comply with the order of this Forum within 30 days of receipt of this order.

            In the result, the complaint is allowed accordingly.

Pronounced in open Forum on this the 30^th day of September, 2016.                                                                                                                                             

                                                                          Sd/- Sri. Antony  Xavier (Member)      :

                                                                                          Sd/- Smt.Elizabeth George (President) :

  Sd/- Smt.Jasmine.D. (Member)            :

Appendix:-

      Evidence of the complainant:-

     PW1                       -           Thankamma.K. (Witness)

Ext.A1                    -           Owner’s Manual

Ext.A2                    -           Retail invoice dated 10.2.2016

Evidence of the opposite party:-  Nil

// True Copy //

                                                                                                                          By Order                                                                                                                                       

Senior Superintendent

To

         Complainant/Opposite party/S.F.

Typed by:- pr/- 

Compared by:-