DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA(PUNJAB)<br /> <br /> <br /> C.C.No.4 of 03.01.2007<br /> Decided on : 10.04.2007 <br /> <br /> Krishan Kumar S/o Sh. Hardwari Lal, R/o Street No.6, Paras Ram Nagar, Bathinda.<br /> ...... Complainant<br /> <br /> Versus. <br /> <br /> 1.Jiwan Enterprises, Post Office Bazar, Bathinda through its Proprietor/Partner.<br /> 2.Sansui Service Centre, Santpura Road, Veer Colony, Bathinda through its Proprietor/Incharge/Manager.<br /> 3.Sansui, Kitchen Appliances India Ltd., SCO 13-14-15, IInd Floor, Sector 34-A, Chandigarh through its Director/Managing Director.<br /> ...... Opposite parties<br /> <br /> Complaint under section 12 of the Consumer Protection Act, 1986<br /> <br /> QUORUM:<br /> <br /> Sh.Lakhbir Singh, President<br /> Sh.Hira Lal Kumar, Member<br /> Dr.Phulinder Preet, Member<br /> <br /> For the complainant : Sh. K S Sidhu, Advocate<br /> For the opposite parties : Sh. R D Goyal, Advocate <br /> <br /> O R D E R.<br /> LAKHBIR SINGH, PRESIDENT:- <br /> 1. One DVD make Sansui Model 1401 manufactured by opposite party No.3 was purchased by the complainant from opposite party No.1 vide bill No. 760 dated 16.12.2005 for a consideration of RS.3,200/-. At that time, opposite party No.1 had represented that it is one of the best DVD and free from all defects. He was assured that in case any defect arises, the same would be removed with immediate effect. In case of manufacturing defect in it, it would be replaced. Warranty of two years on the DVD was given, but no warranty card was issued. Soon after its purchase, it started creating trouble in its functioning. It was not working properly. Repeated complaints were made to opposite party No.1. Opposite party No.1 conveyed that opposite party No. 2 is the authorised Service Centre of Sansui and he should contact it. Accordingly, opposite party No. 2 was approached for getting defects from the DVD removed. Opposite party No.2 failed to remove the defects. Ultimately, in mid November, 2006 DVD stopped functioning. It was brought to opposite party No.2 which kept it with it. Direction was given to him (complainant) to visit in the next week. Accordingly, he was going for getting delivery of the DVD. On 28.11.2006 delivery was given after alleged repairs. Although it was under warranty, yet opposite party No. 2 charged Rs.550/- for repairs. He paid this amount under compelling circumstances vide receipt No. 22 dated 28.11.2006. Even after repairs, DVD was not functioning properly. Complaint was lodged with opposite party No.2, but nothing has been done. A week before filing the complaint, he brought the DVD to opposite party No.2. After inspection, he was told that he would have to pay Rs.1,800/- for repairs. He was left with no option, but to get back the DVD. He alleges that attitude of the opposite parties has caused him mental tension, agony and loss of physical health. According to him, there is deficiency in service and unfair trade practice on their part. In these circumstances, this complaint under section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as the Act) has been preferred by the complainant seeking direction from this Forum to the opposite parties to replace the DVD with a new one or refund Rs.3,200/- its price, Rs.550/- illegally charged alongwith interest @ 18% P.A; pay Rs.50,000/- as compensation on account of mental tension, agony and loss of physical health and reputation and Rs.5,500/- as litigation expenses.<br /> 2. Opposite parties filed their version taking the legal objections that complaint is not maintainable; complainant has not come with clean hands and he has got no locus-standi and cause of action to file this complaint. On merits, they admit that complainant had purchased DVD from opposite party No.1 which was manufactured by opposite party No.3. After considering accuracy of all its functions and accepting it free from all defects, it was purchased by him. Warranty of six months was given regarding the product against the manufacturing defects of parts and components. He was further told that in the event of any complaint, he should contact nearest Service Centre of the company. Warranty card including booklet was given to him at the time of sale. No complaint was lodged to opposite party No.1 regarding the defects in the DVD for their removal uptill 30.11.2006. Opposite party No.2 was contacted by him for removing the defects. Defects had occurred due to its operation in reckless manner. It was accepted by him as per his satisfaction on 30.11.2006. Opposite party No.2 had claimed Rs.994/-, but he had paid Rs. 550/-. Amount was demanded from him as DVD was repaired after expiry of the period of warranty. No complaint was lodged by the complainant on 29.11.2006. They deny other averments in the complaint.<br /> 3. In support of his allegations and averments in the complaint, Krishan Kumar complainant tendered into evidence his own affidavits (Ex.C.1 & Ex.C.4), photocopy of invoice dated 16.12.2005 (Ex.C.2) & photocopy of receipt dated 28.11.2006 (Ex.C.3).<br /> 4. On behalf of the opposite parties, reliance has been placed on affidavits (Ex.R.1 & Ex.R.2 ) of Sarv Sh. Jiwan Kumar, Proprietor of opposite party No.1 and Kuldeep Singh, Technical Supervisor of opposite party No.2 respectively, photocopies of two pages of Operating Instructions (Ex.R.3 & Ex.R.4), photocopy of Warranty (Ex.R.5) & copy of Job Order (Ex.R.6).<br /> 5. We have heard the learned counsel for the parties. Apart from this, we have perused the record.<br /> 6. First material question for determination is as to whether there was warranty of two years on the DVD from the date of purchase. Onus to prove it was upon the complainant. Except his affidavits (Ex.C.1 & Ex.C.4), complainant has not brought any document regarding warranty of two years on the record. They stand amply rebutted with the affidavit Ex.R.1 of Sh. Jiwan Kumar and with the copy (Ex.R.5) of the warranty. According to Ex.R.5, warranty on the product is for a period of six months only from the date of purchase in the event of any complaint. Hence, we hold that warranty on the DVD was only for six months from the date of purchase and not for two years.<br /> 7. DVD was purchased on 16.12.2005 vide cash memo, copy of which is Ex.C.3. Warranty was in force upto 16.6.2006. Complainant has not proved by way of leading convincing evidence that till 16.6.2006 there was any manufacturing defect in parts or components. No expert has been examined by him to prove manufacturing defect. Only thing recorded in para No. 3 of the complaint is that soon after purchase, it started creating trouble in its working and was not working properly. It is not known which trouble was created by the DVD and how it was not working properly. There is no documentary evidence before this Forum that before 28.11.2006 DVD was brought to opposite party No.2. As per receipt (Ex.C.3), a sum of Rs.550/- was charged for repairs. Complainant signed Job Card, copy of which is Ex.R.6. At the risk of repetition, it is again mentioned that after 16.6.2006 DVD was out of warranty. Accordingly, opposite parties were not bound to effect repairs free of cost. Complainant paid Rs.550/-. His contention that when the amount of Rs.550/- was paid DVD was within the warranty period, is not tenable in view of what has been discussed above. Moreover, as per Ex.R.6, he received the DVD after feeling satisfied about the repairs. According to Ex.R.3 & Ex.R.4, there are some cautions and operating instructions. Unbranded, poor quality, translucent and pirated CD's can not be used in it. Similarly, other instructions in Ex.R.4 were to be followed. Complainant has not proved that he operated the DVD as per these instructions and cautions. No defect in the DVD during the warranty period is proved. Amount of Rs.550/- has been charged out of the amount of Rs.994/- after the expiry of the period of warranty. In these circumstances, no deficiency in service and unfair trade practice on the part of the opposite parties is established.<br /> 8. In the premises above, complaint is meritless. Accordingly, it is dismissed with no order as to costs. Copy of this order be sent to the parties concerned free of cost. File be consigned. <br /> <br /> Pronounced (Lakhbir Singh)<br /> 10.04.2007 President<br /> <br /> <br /> (Hira Lal Kumar)<br /> Member<br /> <br /> <br /> (Dr.Phulinder Preet)<br /> Member <br /> <br /> 'bsg' <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />