SATLEJ ENTERPRISES Vs. S NATHA SINGH

JUDGEMENT

(1.) On a complaint instituted by Natha Singh regarding the TV set which he found to be defective, the District Forum-11 ordered on 21.10.1998 that the three respondents described in the complaint were liable to replace the TV set with a new trouble-free color TV within one month and costs Rs.1,100/-. Aggrieved against it, the present appeal has been preferred by M/s. Satlej Enterprises, Chandigarh.

(2.) Briefly the facts are that the complainant purchased a colour TV of Texla make for Rs.14,000/- from M/s. Satlej Enterprises, Sector 35c, Chandigarh, the local dealer on 6.6.1995. The complainant alleged that the picture and the quality of the sound was not proper and upto the mark. Despite the fact that it was guaranteed for a period of 12 months, the set started giving trouble after two months of its purchase. It is a matter of common knowledge that in the beginning a customer makes oral requests and subsequently as in this case complaints were made in writing through letters dated 25.5.1996, 28.5.1996, 19.6.1996, etc. The finding of the District Forum that kit of the TV set was defective and the set required replacement, does not call for interference especially because the manufacturer did appear through its agent at two occasions in the beginning, but thereafter proceedings against it were ordered ex-parte. We also wanted to see the working of the TV here but it could not be possible because there is no provision for area etc. and the experiment could not be carried out. The belated plea of the respondent that complainant himself is an old man and has poor eye sight was rightly ignored by the District Forum.

(3.) An important plea raised here is that the present appellant was only a local dealer and he is not a manufacturer. Out attention has been invited to Auto Lines, Jalna V/s. Kum. Vijaya J. Bhutada, 1995 3 CPJ 163, wherein it was observed that a local dealer cannot be made liable for the manufacturing defect in a vehicle. This principle is also applicable in the case now in hand and the conclusion is that this appeal qua the appellant only is hereby accepted and the operative part of the impugned order qua M/s. Satlej Enterprises, Sector 35c, Chandigarh, is hereby set aside for the purpose of execution. Announced. Order qua dealer set aside