Kollam District Commission Holds Flipkart, Thomson Digital, Service Provider Liable For Selling Defective TV And Failure To Provide Replacement

Brief Facts:

The Complainant placed an order for a Thomson Television through Flipkart and received the delivery on July 13, 2020. He made a payment of Rs. 9,999/- directly to Flipkart. Unfortunately, the TV did not function properly from the outset. Despite informing Flipkart immediately and requesting a replacement, the Complainant's plea was denied. Subsequently, the Complainant contacted the manufacturer, Thomson Digital, via phone and email. Two service personnel from Jeeves Service Centre visited the Complainant's residence but failed to rectify the TV's defects, including a non-functional casting system, flickering screen, and issues with WIFI and YouTube. Despite repeated requests for a replacement, the Complainant was left with a dysfunctional television.

Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Kollam, Kerala (“District Commission”) against Thomson Digital, Jeeves Service Centre and Flipkart. Thomson Digital, Jeeves Service Centre and Flipkart didn't appear before the District Commission for proceedings.

Observations by the District Commission:

The District Commission noted that the Complainant entered into the transaction with a reasonable expectation of receiving a high-performance television. However, contrary to these expectations, the TV exhibited defects from its very first use. It held that the disappointments faced by the Complainant underscored the substandard service he encountered despite investing significantly in the purchase.

The District Commission held that the Complainant acted in good faith throughout this ordeal and was unfairly denied his rightful claim for a replacement TV. The persistent malfunctions right from the outset strongly suggested a manufacturing defect and a lapse in product quality.

The District Commission held that it was incumbent upon Thomson Digital, Jeeves Service Centre and Flipkart to ensure the TV's proper functioning for at least a reasonable period of twelve months following the purchase, yet they failed in this regard. It held that their negligent handling of the Complainant's grievances caused him financial loss and mental anguish. Despite the defect occurring within the warranty period, Thomson Digital, Jeeves Service Centre and Flipkart failed to repair or replace the defective TV.

Therefore, the District Commission directed Thomson Digital, Jeeves Service Centre and Flipkart to jointly and severally provide a brand-new television of equivalent value to the Complainant. They were also directed to pay Rs. 10,000/- as compensation and Rs.5,000/- for litigation costs.

Case Title: Ajithkumar N.T vs Managing Director, Thomson Digital Ltd. and Others

Case Number: C.C. No. 92/2021

Date of Order: April 30^th, 2024