Order No. 2                                                                                                     Dated :  05/04/2018

FINAL ORDER/JUDGEMENT

Sri Sibasis Sarkar, Ld. President.

The complainant Smt. Manita Roy is present by filing hajira through the Ld.Advocate. The case is taken up for hearing admission. Perused the petition of complaint and the documents annexed therein. Heard the Ld. Lawyer for the complainant.

          According to the complainant she purchased one 32inches Samsung Colour LED TV from the O.P.s. The said LED TV was found defective. But the O.P.s refused to repair the said LED TV inspite of having a valid warranty card issued by the O.P.s. From the xerox copy of tax invoice we find that the complainant purchased one 32inches Samsung Colour LED Tvfrom the O.Ps. on 08/10/2014. From the xerox copy of  warranty card we find that it remained valid for 12 months from  the date of purchase. So the said Warranty card remained valid upto 08/10/2015. There is no case of the complainant that the said LED TV became defective within the said warranty period of 12 months . We also find that there is a triple protection warranty worth Rs.2,000/- valid till 2 years from the date of purchase. So the triple protection warranty worth Rs.2000/- for the TV in question remained valid upto 08/10/2016. There is no document or any other reliable evidence to show that the complainant lodged any complaint within the said period of 2 years. Besides that the complainant in para 5 of the petition of complaint has  admitted that the O.Ps. demanded Rs.10,000/- for replacement/change of the defective screen/monitor of the said LED TV. So for the sake of argument if we believe that the complainant lodged one complaint before the O.Ps. on 10/05/2016, then also the O.Ps. had no obligation to replace the screen/monitor of the said LED TV worth Rs.10,000/-, because the extended warranty was only for Rs.2000/-. Thus we find that the O.Ps. had no obligation to repair/replace the TV in question as alleged by the complainant. Therefore there is no cause of action for the present case and is accordingly not maintainable. The case cannot be admitted.

          Hence it is

                                             O R D E R E D :-

that the Consumer Case no.13/2018 be and the same is dismissed without cost. The case is thus disposed of.

Let plain copy of this order be supplied to the complainant free of cost forthwith. Let the original documents if any and the extra sets be returned to the complainant on proper receipt.