State forum upholds district forum's order; dismisses complainant's argument that TV was dropped as presumptive
A state consumer forum has upheld a district forum order directing an electronics goods manufacturer to either repair a picture tube of a TV set or repay a customer the cost of the television.
The matter came to the state forum after Sony India Pvt Ltd, aggrieved with the district forum order, moved the former.
The matter concerns a television set that was bought by one Dr Bhupendra Shukla from one Rajdeep Electronics in Ahmedabad on August 9, 2003 for Rs34,900.
Since the picture was not clear, the customer contacted the company which send its technician but, the problem continued to persist. The customer wrote to the company on April 8, 2004 and sought a replacement TV or a refund. When the company did not respond, he dragged the company to the district forum which ruled in his favour.
The company on its part argued in the state forum that the first complaint was made on April 8, eight months after the TV was brought. Moreover, inspection had revealed that the picture tube was damaged because the TV had been dropped. He further argued that since picture tube was not covered under the warranty, the company had asked the customer to pay for the replacement of the picture tube but the customer wanted it to be replaced free of cost.
The advocate argued that the rainbow raster defect detected in the TV could have only happened if the television had been dropped and hence there was no question of unfair trade practice.
The counsel for Dr Shukla argued that when the first complaint about the problem with the television set was made, the warranty period was still on. Moreover, the argument that the television set had been dropped was mere 'presumption' on the part of the company and they could not provide any proof of the same.
The forum while ruling in favour of the customer said that the latter had brought the TV for repair while it was still covered by the warranty period. It further said that an email from the company to the customer shows the possibility of a defect in the TV where it said the problem could be because of external impact, damage or fall. It further said that since the company cannot confirm the defect, it cannot say that it will not be covered by the warranty period. Upholding the district forum order, it also said that the company also failed to prove in any way that the TV had been dropped at some point and that it is mere presumption on the party of the company.
BEING FAIR
- The matter came to the state forum after Sony India Pvt Ltd, aggrieved with the district forum order, moved the former
- Forum while ruling in favour of customer said that the latter got the TV for repair while it was still within the warranty period
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