Videocon International Ltd. vs K.Vijayan

THESE appeals are directed against the order passed by the District Forum, Kozhikode in OP No. 133/1997, in Appeal No. 906/1997 is filed by the opposite parties 1 & 3 the manufacturer and service centre, in Appeal No. 29/1998 is filed by the second opposite party who is the dealer.

THE case of the complainant is that he purchased a TV manufactured by the first opposite party from his dealer, the second opposite party. THE TV became defective and it was replaced by another TV on 28.11.1996. Again TV went out of order. Immediately thereafter and it is in those circumstances the complaint was filed seeking a direction to refund the cost of the TV and also to pay compensation. The opposite parties one and three filed version contending that they had replaced the original TV and also extended warranty or another 6 months and the complainant was satisfied with the TV replaced. They found that the TV was working perfectly. There is no deficiency in service on the part of the opposite parties. The complainant had not alleged any manufacturing defect and deficiency in service and the complainant is not entitled to get any reliefs. It is also stated that without prejudice to the above contentions if the TV has any defect, the complainant can approach the nearest service centre and they are willing to repair the defects in due compliance with the warranty conditions. It is also stated by their letters dated 5.2.1997 and 24.3.1997, they informed the complainant of their willingness to rectify the defects if any if the TV is brought to the service centre.

The District Forum has not appointed any Commissioner to inspect the TV and find out whether there are any manufacturing defects or whether the defects can be cured by repair. The District Forum was not justified in holding that there are manufacturing defects without any expert evidence. In the complaint there is no pleading that the TV set suffered from any manufacturing defects. In these circumstances we are unable to sustain the order passed by the District Forum. We, therefore, allow the appeal, set aside the order of the District Forum and remit back the matter to the District Forum for fresh disposal after taking out a Commissioner to find out whether there are any manufacturing defects. If there are manufacturing defects necessary directions may be made to rectify the defects by repair. The appeals are disposed of as above. The parties will appear before the District Forum on 1.4.1998. Appeals disposed of.