Idukki District Commission Holds TV Service Centre Liable For Failure To Repair TV Despite 3-Year Protection Plan

The District Consumer Disputes Redressal Commission, Idukki (Kerala) bench of C. Sureshkumar (President) and Ampady K.S. (Member) held Jeevas Company liable for deficiency in services for failure to repair a TV despite the complainant purchasing a three-year TV protection plan for Rs. 4,699/-. Jeevas represents itself as 'India's largest service provider' for mobiles, appliances and furniture. Brief Facts: The Complainant's son purchased a Motorola Android TV through an online purchase facilitated by Consulting Rooms (“Seller”). He paid Rs. 38,999/- for the TV and an additional Rs. 4,699/- for a complete TV protection plan valid for three years, obtained from Jeevas Company (“Jeevas”). An installation and demo fee of Rs. 1,000 was also paid to Jeevas by the Complainant. This plan promised free repair or replacement of the TV in case of any defects within the three-year period from the date of purchase. In March 2023, the TV's display stopped functioning. The Complainant's son raised a complaint with Jeevas, but despite repeated requests, the TV was neither repaired nor replaced. Each time his son approached Jeevas, he received email responses stating they would look into the issue, but no resolution was provided. Jeevas often responded with flimsy reasons, suggesting that his son should not have joined the plan or purchased the TV, despite their initial promises which persuaded him to do so. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Idukki, Kerala (“District Commission”) against Motorola, the Seller and Jeevas. Motorola, the Seller and Jeevas didn't appear before the District Commission for proceedings. Observations by the District Commission: The District Commission noted that despite charging Rs. 4,699/- for a 3-year protection plan, Jeevas refused to repair or replace the TV. The Complainant's son repeatedly contacted Jeevas via email but received only evasive responses. The District Commission held that Jeevas, having received payment for the protection plan, cannot evade its responsibility to repair or replace the TV. It noted that the Complainant did not allege a manufacturing defect, thus Motorola and the Seller were not held liable. While the Complainant did not establish that the TV's defects warranted replacement, the District Commission held that Jeevas was required to repair the TV free of charge. It held that the non-functioning TV caused mental distress to the Complainant's family, particularly the elderly and those with health issues. Consequently, the District Commission directed Jeevas to repair the TV, ensuring it is free from defects, within 15 days. Additionally, it was directed to pay a compensation of Rs. 3,000/- to the Complainant and litigation costs of Rs. 2,000/- incurred by him. Case Title: Chandran K.K. vs M/s Motorola India Pvt Ltd and Ors. Case Number: CC/170/2023 Date of Order: 18.04.2024Click Here To Read/Download Order

Idukki District Commission Holds TV Service Centre Liable For Failure To Repair TV Despite 3-Year Protection Plan

Smita Singh

Tags