SOLIDAIRE INDIA LTD Vs. D A MOHAN KUMAR

JUDGEMENT

(1.) This is an appeal filed by M/s Solidaire India Ltd. , against the order dated 29-10-90 of the Consumer Disputes Redressal District Forum, Ernakulam in O. P. No. EKM/184/90 allowing the Complainant Respondent to get the replacement of his picture tube for his television set free of cost from the Appellant

(2.) The facts of the case, in so far as they are necessary for understanding the contentions raised in the appeal may be shortly stated.

(3.) On 10-4-87, the Respondent in this appeal purchased a Solidaire Colour Television Set (CTS 605) from Hi-Beam Electronics Private Ltd. , (Now Solidaire India Ltd.) the appellants. Since the last week of June, 1990, the performance of the television set deteriorated and the picture tube was not working properly. On 12-7-1990 the Respondent complained about the matter to the Appellant. On 17-7-1990 the T. V. Set was checked by a technician sent by the Appellant and the Respondent was informed that one of the filements of the picture tube was not working and the picture tube should be replaced with a new one to get clear colour combination. According to the Complainant (respondent), normally the picture tube in a television set has got a life span of 10 to 15 years and some companies like Binatone offers 3 years guarantee to the picture tube whereas the complainant was not able to use it at least for a period of 3 years and that was due to its poor quality and manufacturing defect. A complaint was filed before the District Forum, Ernakulam, praying that the opposite party (Appellant) may be directed to replace the defective picture tube free of cost because it had become defective within such a short period owing to manufacturing defects. This prayer was allowed by the District Forum. Against the order of the District Forum allowing the complainant (respondent) to get the replacement of the defective picture tube with a new one free of cost, this appeal has been filed.