TARUN KUMAR DUTTA Vs. PHILIPS INDIA LTD.

JUDGEMENT

(1.) THE appellant complainant had purchased a TV for Rs.32,000 from OP1 Philips India Limited. OP Nos. 2 and 3 being the Director and functionary of the company respectively. He made some complaint on 6.4.5 about the malfunctioning of the TV. A mechanic of OP company visited the place of the complainant and repaired the TV. The TV again developed some defect and the mechanic again visited his place and on examination of the TV he advised the complainant to send it to the company workshop for repairs but the complainant insisted upon to open it before him for knowing the defects which the mechanic refused. The complainant therefore filed a complaint before the District Consumer Forum with a prayer that the OP1 company be directed to refund the cost of TV Rs.32,000, to pay compensation of Rs.22,500 and Rs.50,000 towards the litigation costs.

(2.) THE OPs opposed the claim of the complainant, and filed the written statement. They pleaded that the period of guarantee has already expired. It is only out of goodwill that the TV was repaired free of cost at the house of the complainant, and for the second time, the mechanic had rightly advised him that the TV should be sent to the companys workshop for inspection and repairs which was possible only on payment of charges, which the complainant did not agree and filed the complaint, which deserves dismissal.

(3.) THE OP did not appear thereafter and the proceedings were ex parte against the OPs.