UNIQUE ELECTRONICS Vs. JIWAN DASS

JUDGEMENT

(1.) This appeal has been filed against impugned judgment and order dated 12.2.2004 passed by District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh [for short hereinafter referred to as the District Forum] in Complaint Case No.1392 of 2001.

(2.) The respondent/complainant Shri Jiwan Dass purchased BPL colour TV model FCR 21 from the appellant/o. P.-Unique Electronics, SCO No.365-66, Sector 35-B, Chandigarh on 31.12.1999 and paid its price of Rs.12,340/-. The said TV set developed serious defects and the matter was brought to the notice of the appellant and also to the notice of the manufacturer who replaced the same with a new TV, which was valued at Rs.8,622/-. There was thus a difference of Rs.3,718/- between the price of the earlier TV and the TV replaced by the company. The complainant approached the appellant a number of time for payment of the difference amount of Rs.3,718/- but the same was not paid to him. He filed the complaint and claimed the excess amount to be refunded to him.

(3.) The O. P. who is appellant before us appeared before the District Forum and filed written reply wherein a stand was taken that the amount of Rs.12,340/- including other charges such as sales tax, excise duty etc. , which were not charged by the company while replacing the earlier defective TV with a defective free new TV of BPL. It was also contended that as a matter of fact, the model which was purchased by the complainant from the appellant was the same being FCR 21 and the same model of defect free TV was replaced by the company. The company while charging Rs.6,822/- did not include in it the amounts of sales tax, excise duty etc. , which had earlier been already charged from the respondent/complainant.