ONIDA SAKA LIMITED Vs. S C JAIN

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 22.1.1999 passed by District Consumer Forum, Aligarh in Complaint Case No.637/1996.

(2.) The facts of the case stated in brief are that the complainant has filed this complaint for refund of Rs.20,900/- as cost of the VCR and Rs.10,000/- as compensation and expenses. According to the complainant he purchased a VCR for a sum of Rs.20,900/- from opposite party No.3 in Aligarh who was the authorised dealer of opposite party Nos.1 and 2. Within three months of its purchase, the VCR became defective and the opposite party was contacted. It was checked by the Engineer of the opposite party No.3 on 9.2.1992 and subsequently on 21.2.1992 and 2.3.1992 and 11.5.1992, but the defects could not be removed. The VCR was thereafter replaced. According to the complainant the VCR which was replaced was also a defective one and did not work properly. It was also checked by the Engineer and was repaired but the defects could not be removed. Thereafter it was sent to the Service Centre at Delhi and was received back unrepaired on 15.9.1995. A sum of Rs.500/- was charged from the complainant.

(3.) The opposite party admitted that the original VCR was replaced when it could not be repaired. The second VCR which was given was sent back for repairs at Delhi and the repairs were carried out by the Engineers. It is alleged that the complaint is barred by time.