K.ANANDA PILLAI Vs. MUSICANA, ELECTRONICS AND WATCH

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.311/2006 on the file of Dist. Forum-III, Hyderabad, the complainant preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant, attracted by the representations of the personnel of the opposite party shop, the complainant purchased a DVD player and he was informed that the DVD player is a standard one and they could watch the telugu/tamil and any other films as desired by his wife. The complainant submits that he purchased the subject DVD player on 31.12.2004 for Rs.4,500/- with a warranty of one year from the date of purchase. The DVD player started giving troubles immediately after four days of the purchase and though the complainant informed about the said defects , the opposite party did not rectify any of the defects and DVD player was giving disturbances while watching Tamil songs and while watching Tamil films, the DVD player was totally disturbed and they could not watch anything. By March 2005, the entire system was not working at all and when the complainant contacted the opposite party he was asked to bring the DVD to their shop and the complainant further submits that he left the item with the opposite party, as requested, to rectify the defects. After one month, the complainant was informed that one of the main components of the DVD had to be replaced immediately and this part had to be brought from Mumbai but the opposite party kept on postponing the replacement of the said component. Finally the complainant was informed by Mr.Vijay of opposite party during December,2005 that one of their mechanics had accidentally left the plug of the electric connection of the DVD player and it got burnt and the complainant kept the DVD with the opposite party for nearly 7 months on the pretext of repairing it. When the complainant requested for refund of Rs.4,500/-, the opposite party tried to convince the complainant that 50% of the cost of the DVD player should be borne by him. The complainant submits that he spoke several times during this period of 7 months to the opposite party and thereafter showed the said DVD player to the other mechanic who informed him that the DVD player is not a genuine one. The complainant got issued a legal notice on 10.3.2006 but did not receive any reply. Hence the complaint seeking direction to the opposite party to refund Rs.4,500/- with interest at 18% p.a. from 31.12.2004 till the date of payment, to pay compensation of Rs.10,000/- and to pay costs of Rs.5000/- .

(3.) The opposite party filed counter stating that he is only a dealer of electronic goods but not the manufacturer and admitted that the complainant purchased the DVD player for Rs.4,500/- on 31.12.2004 and contend that the bill issued by them for the said purchase states that there is no exchange or no return or no guarantee. He denies that the complainant has given the DVD to him and he had kept it with him for 7 months. The complainant had only approached in the year 2006 with the DVD player in dead condition and he also denied that he offered to refund 50% of the cost of the DVD player.