V S GUPTA Vs. RAJDHANI ELECTRONICS

JUDGEMENT

(1.) The partly successful complainant appeals against the order of the District Forum, Hissar.

(2.) Prof. V. S. Gupta (complainant) of the Agricultural University, Hissar had purchased a Beltek colour T. V. set from respondent No.1 M/s. Rajdhani Electronics, Hisar for Rs.11,400/- on the 16th of October, 1990. It would appear that the said T. V. is as defective initially been the very beginning but, apparently get completely out of order in Jan. , 92 and the appellant left the same with the respondent No.1 for repairing the same. The said set was also covered by insurance with M/s. United Insurance Company Limited and the appellant also informed the said Company about the condition of the set and apparently lodged a claim and the latter even appointed a surveyor, who inspected the T. V. set at the premises of the respondent No.1. He surprisingly found that the sticker of the brand name and also its serial number plate had been removed from the original places and further that the picture tube has also been removed and instead some old faulty picture tube had been fixed. He accordingly submitted a report to the Insurance Company, but the latter repudiated the claim. Unable to get redress from either the insurers or respondent No.1, the appellant knocked at the door of the District Forum seeking the replacement of the defective set and a compensation of Rs.5000/- for mental harassment and financial loss.

(3.) On notice being issued, respondent Nos.2 and 3 filed their replies taking various pleas, to which reference now becomes unnecessary, if not wasteful because no relief against mem was now claimed or pressed by the appellant. However, respondent No.1 filed a written statement, so replete with contradictions and specious pleas, that the District Forum rightly labelled it to be self contradictory from top to bottom. It seems unnecessary to delve into them because on the one hand the stand taken was that the said T. V. had neither been sold by respondent No.1 nor entrusted to them for repairs, whilst in the rest of the written statement, the averments were totally at variance therewith.