SHRI SANT ELECTRONICS Vs. SHASHI BHUSHAN

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 8.5.1995 passed by District Consumer Forum, Bulandshahr in Complaint Case No.480/1991.

(2.) The facts of the case stated in brief are that the opposite party No.1 is the dealer of Videocon televisions. One colour TV set was purchased by the complainant in 1990 for a sum of Rs.10,649/- including the antenna, cable, etc. The complainant was assured at that time that since there is no new packed piece, the set in question shall be replaced within a week. The complainant paid the amount of Rs.10,000/- on this assurance for which a receipt was issued. No guarantee or warranty was given to the complainant. After several requests and reminders to the opposite party No.1, the TV set was not replaced by a new one. The set was not working satisfactorily from the very beginning of its purchase. The complainant suffered a lot mentally and prayed for refund of the price of the T. V. set alongwith interest.

(3.) The opposite party in the written version has admitted selling of the TV set of one 51 cm. colour alongwith antenna and cable. It is alleged that a sum of Rs.659/- was due against the complainant which he did not pay in spite of several demands. It is further alleged that the old TV set was not sold but a new TV set was sold. The allegations to the contrary are wrong.