Per Sri A. Hazarath Rao,  President:-

        The complainant filed this complaint u/s 12 of the Consumer Protection Act seeking replacement of new Sansui LCD TV or refund of Rs.19,000/- (being the value of TV) together with interest @24% p.a., in the alternative; Rs.10,000/- as compensation; Rs.10,000/- towards mental agony and Rs.3,000/- towards costs. 

2.   In brief the averments of the complaint are these:

        The complainant on 02-08-11 purchased Sansui LCD TV for Rs.19,000/- from the 1^st opposite party i.e., dealer of the 2^nd opposite party (manufacturer).   Three months after purchase the said TV did not function properly both in audio (sound) and video (display).   The 1^st opposite party attended to the repair of the said TV on 02-03-12.  Subsequently also the 1^st opposite party repaired the said TV so many times.   The said TV is a defective one and out dated.  The warranty of the said TV expires by 02-08-12.   The opposite parties though received notice kept quite.   Selling defective TV amounted to deficiency of service.   The complainant suffered severe mental agony on account of the attitude of the opposite parties.   The complaint therefore be allowed.         

3.   The contention of the opposite parties in nutshell is hereunder:

        The complainant purchased Sansui 32” LCD vide model No.SEL-32 HBT-FLA on 02-08-11 and it carried one year warranty from the date of purchase.  The opposite parties attended to the complaint of the complainant and rectified the same on 14-05-12.  The opposite parties also repaired the said TV at complainant’s house on receiving oral information at their service centre.   The complainant invented this case for the purpose of replacement as the said warranty is going to be expired on 02-08-12.   The opposite parties are ready to repair the set free of cost even after the expiry of warranty.   The opposite parties requested this Forum that they may be permitted to repair the set and return to the complaint.  

4.    Exs.A-1 to A-5 were marked on behalf of the complainant.

5.  Now the points that arose for consideration in this complaint are these:

1. Whether the opposite parties committed deficiency of service?
2. Whether the complainant is entitled to compensation?
3. To what relief?

6.     POINT No.1:-    The complainant did not file any job cards of the opposite party to make this Forum known on how many times they attended to the repair of the questioned TV.   It is the contention of the opposite parties that they attended to the repairs of TV as and when required by the complainant.   It can therefore be inferred that the said TV gave troubles to the complainant.   The opposite parties in their version mentioned “Even though the complainant said set warranty is expired, we are ready to repair the set on free of cost to complainant”.   Ex.A-5 is the warranty.   The terms and conditions of warranty are extracted below for better appreciation:

“1. The warranty is void if the set is not used in accordance with              the instructions given in the instruction manual.

2. The warranty does not extend to the set which has been              damaged due to misuse, neglect, accident or improper                installation.  Damages caused by pests or by natural                      calamities are also not covered by the warranty.

3. This warranty does not cover loss or damage in transit,                        whether carried by the company’s transport or by the           purchaser.

4. The company shall not be liable for any delay in rectifying the          set, in the event of non-availability of the components and shall in no way responsible for any losses, direct or indirect, arising out of the delay, if any.

5. The warranty does not hold good, if the set is repaired by any       agency non authorized by the company, the serial number         of the set is deleted or altered or if any modification is made     in the circuitry of the set.

6. The warranty does not extend to accessories, if any, supplied                     with the set.

7. In the event the set requires attention, the purchaser should        arrange to deliver the same to the nearest service centre at    his/her own cost.

8. The warranty shall be confined to the first purchaser of the set          only.

9. The warranty is issued subject to the jurisdiction of civil courts         at Mumbai only.

10. This set is meant for home entertainment purpose.                      Warranty is not valid if the set is used for commercial                          purpose”.

7.   The above terms and conditions did not seek any replacement or refund of TV.    Since the opposite parties did not respond to Ex.A-2 notice the complainant approached this Forum.  In view of the said undertaking directing the opposite parties to repair TV and make it functional or replacement of TV in the alternative if repair is not possible will meet ends of justice.  We therefore answer this point accordingly.

8.  POINT No.2:-   The complainant claimed Rs.10,000/- towards compensation and Rs.10,000/- towards mental agony.   It is not the case of the complainant that he kept the said TV idle with him without using it.   It is not the case of the complainant that the opposite parties did not attend to repairs.   Under those circumstances, awarding compensation in our considered opinion is not desirable.   We therefore answer this point against the complainant.     

9.  POINT No.3:-     In view of above findings, in the result the complaint is partly allowed as indicated below:

1. The opposite parties are directed to repair TV and make it functional within two weeks after the complainant bringing TV to them.
2. The opposite parties are directed to replace TV of same model if repair is not possible within two weeks further thereafter.
3. The opposite parties are directed to pay Rs.1,000/- (Rupees one thousand only) towards costs within four weeks from the date of receipt of the order.

 Typed to my dictation by Junior Stenographer, corrected by me and pronounced in the open Forum dated this the 4^th day of February, 2013.

          MEMBER                        MEMBER                                 PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainant  :

For opposite parties:       NIL

                                                                            PRESIDENT

NB:   The parties are required to collect the extra sets within a month after receipt of this order either personally or through their advocate as otherwise the extra sets shall be weeded out.