RADIO HOUSE Vs. SANDEEP GHOSH

JUDGEMENT

(1.) -THIS appeal is by the appellant/opposite party (for short, "o. P. ") challenging the Order dated 5. 9. 2007 passed by the District Consumer Forum, Bangalore Urban, in Complaint No. 1245/2007, by which the District Forum has allowed the complaint of the respondent/complainant in part.

(2.) THE case of the complainant before the District Forum was that he purchased a "sony Network Walkman MP-3" (for short, "walkman") from the O. P. on 7. 4. 2007 by paying a sum of Rs. 5,990. The period of warranty in respect of the Walkman is one year. The case of the complainant is that from the day one he experienced some problem with the said Walkman, as it was not working properly. Immediately thereafter he contacted the O. P. from whom he purchased the Walkman to rectify the defect and handed over the Walkman to the O. P. on 2. 6. 2007. According to the complainant, when he approached the O. P. with the defect in the Walkman, the O. P. used force and threatened the complainant with dire consequences, which made the complainant to lodge a complaint against the O. P. in Ashoknagar Police Station. As the O. P. did not come forward to make the Walkman defect-free, the complainant filed the complaint before the District Forum alleging "deficiency in service" on the part of the O. P.

(3.) THE O. P. on service of Notice issued by the District Forum filed version denying the allegations made by the complainant in the complaint. According to the O. P. , since the complainant was not operating the Walkman as per the "user's Manual", he is facing problems in using the Walkman. The further case of the O. P. is that the complainant used highhandedness against the O. P. which made the O. P. to lodge a complaint against the complainant. The O. P. in its version has denied the averment of the complainant that the O. P. has not re-delivered the Walkman to the complainant.