MANOJ ELECTRONICS Vs. MACLINE MASSY

JUDGEMENT

(1.) THE appellant is a dealer of TV manufactured by Philips India Ltd. and respondent No. 2 is the authorized service centre of Philips India Ltd. On account of having sold a defective TV for the value of Rs. 3,200, the District Forum, vide impugned order dated 24.5.2001 directed the appellant to refund the price of the TV along with 15% interest till the date of payment and Rs. 5,000 as compensation for harassment undergone by the respondent and Rs. 2,000 towards cost of litigation.

(2.) THROUGH this appeal, the appellant tried to absolve its liability to pay the price of the defective TV and interest as he was only the agent/dealer, receiving commission from the manufacturer.

(3.) IT is not a case where the amount was directly received by the manufacturer. The manufacturer was selling TVs through its dealers and not directly. The explanation of the respondent in not making Philips India Ltd. as a party is that he tried to obtain the address of Philips India Ltd. from the appellant and also from the authorized service centre -respondent No. 2 but no body gave the proper information or the address and as such he could not implead Philips India Ltd.