A.K.ANNAMALAI J. - (1.) The 1st Respondent as complainant filed a complaint before the District Forum, Coimbatore, alleging deficiency against the opposite party to repay the amount collected from me together with interest at the rate of 12% p.a. or in alternate to replace a new original BPL 20 Digital Power Zip TV with relevant records and guarantee and also pay a sum of Rs.25,000/- as compensation for mental agony, physical starin etc., and to pay Rs.1500/- towards cost. The District Forum, allowed the complaint against the opposite party. Against the said order, this appeal is preferred by the opposite party, praying to set aside the order of the District Forum, Coimbatore, dated 6.4.06 in O.P.No.11/2004. This appeal coming before us for hearing finally on 15.04.2011, upon hearing the arguments of the counsel on both sides, and perused the documents, written submissions as well as the order of the District Forum, this Commission made the following order :- The opposite party is the appellant.
(2.) The original complainant (R1) deceased filed a complainant against the opposite party for the refund of Rs.14,500/- towards the cost of the TV ordered by him. But some other TV was delivered with defective and for Rs.25,000/- as compensation for mental agony and Rs.1,500/- as costs.
(3.) The details of the complaint in brief are as follows :- The complainant purchased a BPL 20 Power Zip TV on 25.12.2001 on payment of Rs.14,500/- from the opposite party and as at the time of purchase as the TV was not ready for supply from the manufacturer on the promise of delivering the same at his residence, the complainant placed the order. But on receipt of the TV by parcel the complainant found to shock that instead of BPL Zip TV, Onida 21 Digital C TV with the bill for the same was found and when the opposite party was approached on the basis of advertisements for the gift offered by them he has placed orders. But the opposite party had no genuineness and integrity in the business the Onida TV price was Rs.10,650/- and the bill was sent for Rs.14,500/- and the Onida TV sent by the opposite party is used one and also defective and the authorized service engineer at Trichy refused to attend the service, since the set was supplied by the opposite party. Hence the complainant made several phone calls and sent letters. But they have not been responded. The duplication of bills delivery of different articles difference in price list selling used and second hand electronic goods are violative of various acts and punishable and also which caused the complainant monetary loss, physical strain and mental agony and hence the complainant praying for to repay the amounts collected from him in the alternative to replace a new original BPL Digital 20 Power Sip TV with relevant records and guarantee and for Rs.25,000/- as compensation and Rs.1,500/- as costs.;