IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 29th day of February, 2016
Filed on 25.06.2015
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine D (Member)
in
C.C.No. 197/2015
Between
Complainants:- Opposite Parties:-
- Sri. Vijayan 1. The Manager, Sri Sai Sravani
Thekke parambil Veedu Enterprises, C/o Samsung India
Kommady Ward Electronics, Kadavanthra, Cochin
Thumpoly P.O.
2. Samsung India Electronics
- Sri. Akhil Krishna Kadavanthra, Cochin
S/o Vijayan -do- (By Adv. Anishmon)
3. Manager, Samsung Service Centre
Near Kongini Chudukadu
Alappuzha
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The second complainant purchased a Samsung Home Theatre HTE 330K and the product has one year warranty. But the product became defective during the warranty period. The defect was intimated to the opposite parties many times, but the defect was not rectified. The complainants sustained much mental agony and hence filed this complaint.
2. Notices were served to the opposite parties. Opposite parties 1 and 2 appeared before the Forum, but they did not file any version and also absent for the subsequent proceedings. Third opposite party did not appear before the Forum. Hence opposite parties 1 to 3 were set ex-parte.
3. Complainant adduced oral evidence and documents Exts.A1 and A2 were marked.
4. Considering the allegations of the complainant, this Forum has raised the following issues:-
1) Whether there is any deficiency in service and negligence on the part of the opposite parties?
2) Whether the complainant is entitled to get the relief as prayed for?
5. Issues 1 and 2:- The case of the complainants is that they had purchased a Samsung Home Theatre from the opposite parties. The product has one year warranty, during the warranty period the product became defective, even though the defect was intimated to the opposite parties the defect has not been rectified so far. The complainant sustained much mental agony and hence filed this complaint alleging deficiency in service on the part of the opposite parties. The complainant adduced oral evidence and documents Exts.A1 and A2 were marked. Ext.A1 is the copy of invoice dated 4.9.2014 and Ext.A2 is the purchase order. Ext.A1 shows that the product has purchased on 4.9.2014. The complaint filed before the Forum on 25.6.2015. So it is clear that the defect arose within the warranty period. The opposite parties even after getting notice from the Forum failed to attend the Forum. They have not challenged the allegations leveled against them. The documents produced would show that the case of the complainant is genuine. Since the opposite parties have not rectified the defect which arose within the warranty period they have committed deficiency in service and hence they are liable to repair the product or replace the product. So the complaint is to be allowed.
In the result, the complaint is allowed. The opposite parties are directed to rectify the defect of the product to the satisfaction of the complainants. The opposite parties are also directed to extend the warranty for a further period of 6 months. The opposite parties are further directed to pay an amount of Rs.1000/- (Rupees one thousand only) towards compensation to the complainants. There is no order as to costs. The order shall be complied within one month from the date of receipt of this order, failing which the opposite parties are directed to replace the product with a new one with fresh warranty.
Dictated to the Confidential Assistant transcribed by her, corrected by me and pronounced in open Forum on this the 29th day of February, 2016.
Sd/- Smt. Jasmine D (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
PW1 - T.V. Vijayan (Witness)
Ext. A1 - Copy of the invoice dated 4.9.2014
Ext. A2 - Copy of the purchase order
Evidence of the opposite parties: - Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by: - pr/-
Compared by:-
