The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 as amended upto 2002 against the opposite party on the plea that he purchased one Samsung colour T.V. Model - 21T3 No.PIP . ML complete from opposite party i,e. M/s Johnson Electrical (India) Railway Road, Phagwara, District Kapurthala vide cash memo No.15083 dated 10/2/2005 for a sum of Rs.15,500/- in the name of his son Amritpal Singh. It is further allged that during th warranty period given by the opposite party, T.V. became dead and woofer was not functioning He approached opposite parties and requested them to rectify the T.V. set . Opposite party sent their mechanic but the fault could not be removed and ultimately Engineer Kuldeep Singh showed his inability to repair th said T.V. and gave his report that T.V. dead and woofer not working. Complainant request opposite party many a times to repair or replace the said T.V. set but without any result. Thus there is a clear cut case of deficiency in service on the part of the opposite party. It is, therefore, prayed that the opposite party be directed to replace or repair the said T.V. set and also to pay monetary compensation and litigation expenses.. <br /> 2. Notice of the complaint was issued to the opposite party but inspite of service opposite party failed to appear so opposite party was proceeded ex-parte.<br /> 3. In support of his case, the complainant led evidence in the shape of his own affidavit and documents Ex.C1 to Ex.C4 In his affidavit, the complainant reiterated all the facts pleaded in the complaint. Ex. C1 is the copy of bill and Ex.C2 is copy of warranty card and also report of Engineer Kuldeep Singh and authority letter of Amritpal Singh Ex.C3 and C4.<br /> 4. On the request of the complainant, non removal of defects in the T.V. set within the warranty period by the opposite party creates reasonable inference of inherent manufacturing defects in the T.V. set resulting inconvenience and also unfair trade practice on the part of opposite party.<br /> 5. The evidence produced by the complainant remained <br /> unrebutted and unchallenged. Hence we accept the evidence and prayer of the complainant. we direct the opposite party to repair the T.V. set in question after replacing defective parts, if any free of cost to the satisfaction of the complainant within one month from the receipt of copy of this order. <br /> Let certified copy of the judgment be sent to the parties through registered post free of costs without any delay. File be consigned to the record room.<br /> <br /> Dated: Shashi Narang Gulshan Prashar Paramjit Singh<br /> 12.1.2009 Member Member President<br />