P.C. Gupta son of Shri B.D. Gupta,

Gupta House, Longwood, Shimla, H.P.
… Complainant.
Versus

M/S Navketan Music World Combermare Complex,

The Mall Shimla, H.P.

O R D E R:

Sureshwar Thakur (District Judge) President:- The instant complaint has been filed by the complainant by invoking the provisions of Section 12 of the Consumer Protection Act, 1986. The complainant avers that on 23.05.2006 he purchased a C.D. compact Disc (little learners journey through preschool) from the OP for a sale consideration of Rs.99/- vide bill Annexure C-1. It is averred that when the C.D. was displayed, it did not function properly and as such, he approached the OP and requested him to change the same with new one. It is averred that the OP instead of changing the C.D. misbehaved with him. Hence, it is averred that there is apparent deficiency in service on the part of the OP and accordingly relief to the extent as detailed in the relief clause be awarded in favour of the complainant.

2. The OP filed reply to the complaint. It is admitted that the complainant had purchased CD from it , but, it is denied that they misbehaved with him. It is contended that as per the policy of Music World, if there is any defect in the CD, the same would be replaced at once. Hence, it is denied that there was any deficiency in service on their part or that they have indulged in an unfair trade practice by withholding the balance sum.

3. We have heard the learned counsel for the parties at length and have also thoroughly scanned the entire record of the case.

4. The claim of the complainant, as asserted in the complaint, has been sought to be indemnified by the OP in its reply by contending that as per the policy of Music World, if, there is any defect in the CD, the same would be replaced at once. There is no dispute interse the parties at contest about the CD having been purchased by the complainant from the OP and of its not functioning properly.

5. Therefore, without going into controversy any more and with the willingness of the OP to replace the defective CD with a new one, it, shall be expedient and in the interest of justice that the complainant is directed to approach the OP with the defective C.D. and OP is also directed to replace the defective C.D. with the new one which is functional and operational. This exercise shall be done by the parties at contest within a period of one month after the date of receipt of copy of this order. With this, the complaint is disposed of finally.