Decided on December 31,2009

R.K. Electronics Appellant


CHANDER SHEKHER SHARMA - (1.) THIS appeal is directed against the order passed by District Forum, Shimla, Camp at Solan in Consumer Complaint No. 19/2004, decided on 4.8.2005 whereby the complaint of the respondent was allowed and appellant was directed to repair the television set within 30 days from the date of receipt of the copy of the order. Litigation cost has also been quantified at Rs. 5,000.
(2.) FACTS of the case as they emerge from the record are, that respondent purchased one television set from the appellant on 23.4.2004 and at the time of purchase of the said set the appellant had assured, that there is no defect in the television set and it is functioning properly. And in case of any fault in its functioning, the same will be rectified. Further averments in the complaint are, that within 15 days from the date of purchase of the television set it started giving problem and thereafter the respondent brought the defects to the notice of the appellant who partly rectified those, but after 12.4.2004 the television set again started giving problem and did not function properly. Again the matter was brought to the notice of the appellant who did not rectify the defects, as such he was compelled to file the complaint before the District Forum below under Section 12 of the Consumer Protection Act, 1986 for deficiency in service of former.
(3.) APPELLANT has contested and resisted the complaint on the ground that respondent failed to bring the set for repairs to its shop, as such there is no deficiency in service on its part and prayed for its dismissal. It was further pleaded by the appellant in its version, that the respondent was asked to bring the television set to his shop, but it was never brought for repair by the appellant and respondent is ready to repair the set if it is brought in his shop for its repair, hence there was no deficiency of service/unfair trade practice on his part. Brief resume of the evidence led by appellant/respondent in nutshell is, that the appellant filed his own affidavit and respondent in support of his case has also filed his own affidavit along with various documents Annexures C -l to C -6, these are copies of bill, warranty card, postal receipts/acknowledgements and letters.;

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