A state consumer forum upheld an order from the district forum directing an electronics manufacturer to repair a picture tube on a television or reimburse a customer for the cost of the television.
The case was taken to the state forum after Sony India Pvt Ltd, aggrieved by the district forum order, moved the first one.
The case concerns a television set which was purchased by a certain Dr Bhupendra Shukla from a certain Rajdeep Electronics in Ahmedabad on August 9, 2003 for 34,900 rupees.
The image is not clear, the customer contacted the company who sent their technician, but the problem persisted. The customer wrote to the company on April 8, 2004 and requested a replacement television or a refund. The company did not respond, so he dragged the company to the district forum, which ruled in his favor.
The company, for its part, argued in the state forum that the first complaint was filed on April 8, eight months after the television was introduced. In addition, the inspection revealed that the picture tube was damaged because the television had fallen. He added that since the picture tube was not covered by warranty, the company had asked the customer to pay for the replacement of the picture tube, but the customer wanted it replaced for free.
The lawyer argued that the rainbow raster defect detected in the television could only have happened if the television had been discontinued and therefore there was no question of unfair trade practice.
Dr Shukla’s lawyer argued that when the first complaint about the problem with the TV was filed, the warranty period was still running. In addition, the argument that the television had been discontinued was only a “guesswork” on the part of the company and could not prove it.
The forum, while ruling in favor of the customer, indicated that the latter brought the television in for repair while it was still covered by the warranty period. He further said that an email from the company to the customer showed the possibility of a fault with the TV, indicating that the problem could be due to external impact, damage or dropping. He added that since the company cannot confirm the defect, it cannot say that it will not be covered by the warranty period. Confirming the district forum’s order, he also said that the company also failed to prove in any way that the television was discontinued at some point and that it was a mere presumption on the part of society.
TO BE FAIR
- The case was taken to the state forum after Sony India Pvt Ltd, aggrieved by the district forum order, moved the old
- The forum, while ruling in favor of the customer, said the customer had the TV repaired while it was still within the warranty period