CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



First Appeal no.1265/2008 Date of Filing: 19/09/2008

Consumer Complaint .No.320/2005

Addl.District Consumer Forum: Mumbai Suburban

Date of Order: 20/04/2009



Shri Chandrkant B.Koynde, Appellant

14, bhagwati Niwas, Samarth Nagar, (Org.Complainant)

Quarry Road, Bhandup (W),

Mumbai- 400 078.

V/S

1. M/. Sansui Kitchen Appliances (I) Ltd., Respondents

C/6, Ashok Steel Compound,

Mumbai- 400 098.

2. M/s. Fair Electronics & Appliances Pvt.Ltd.

shop No.1 & 2,

Burgen Bldg., Next to Dena Bank,

L.B.S.Marg, Bbhandup (W),

Mumbai- 400 078.



Corum : Shri.S.R.Khanzode, Hon'ble Presiding Judicial Member.

Smt.S.P.Lale, Hon’ble Member.



Present: Appellant in person.

Adv.Shri Amar Pawar for respondents.



:- ORDER :-

Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member:



This appeal is directed against the order/award dated 22/04/2008 passed in consumer complaint no. 320/2005, Shri Chandrkant B.Koynde v/s. M/. Sansui Kitchen Appliances (I) Ltd., by Additional District Forum, Mumbai Suburban (Forum below in short). It is the case of appellant/complainant that he had purchased Sansui DVD bearing model no. 1203 for consideration of Rs.4,990/- from the shop off opposite party no.2/dealer of opposite party no.1 Some DVD’s were also supplied along with the DVD. However, those goods were found defective. Therefore, complainant filed consumer complaint to recover Rs.300/- as telephone charges, visit to shop by rickshaw thro and fro Rs.3000/- towards deficiency in services, correspondence, registry charges, stationary charges and postages, harassment and unparliamentarily treatment etc., and Rs.4,990/- paid towards amount against software (defective). The main and only averments made in the complaint towards alleged deficiency in service are contained in para 1 of the complaint and it reads as under:

“ The complainant purchase d a DVD player and Cds, from the dealer, M/s. Fair Electronic and Appliances Pvt. Ltd., Bhandup by paying Rs.4990/- vide invoice cum delivery challan No. 7615 dated 14.08.2004 along with ten CDs which proved defective. So the dealer replaced with other one which also proved defective.”

Besides this there are no allegations about the alleged deficiency in service and the complainant did not mention also about replacement of DVD player on his complaint by the company. It also does not refer to the factual aspect as to visit of technician to explain defective goods.

We heard appellant in person and Adv.Mr.Amar Pawar for the respondent.

In the instant case as recounted earlier the material facts as to the replacement of first DVD supplied to the complainant is suppressed by the complainant. Since, the original DVD player is purchased as per the invoice no. 7615 dated 14/08/2004 is replaced, there cannot be deficiency in service on the part of dealer or for that purpose of the company. Invoice referred above does not mention anything about the CDs. According to opposite party, those CDs were given free of charge along with DVD player to the complainant and as such, for any defective CD and non-replacement of the same no deficiency in service could be alleged. We find substance in said submission and as such, up hold the same. The alleged technician report (page 13, Annexture-1) does not mention that there is any defect in DVD player which was received on replacement from the dealer on complaint of the appellant. The observations of the Ld.Forum below on that count are proper and we find no reason to disturb the same. Under the circumstance, the complainant has failed to establish any deficiency in service on the part of opposite party and on the basis of which he claimed compensation. We find Forum below rightly dismissed the complaint. Hence, we hold accordingly and pass the following order:



:-ORDER-:

1. Appeal stands dismissed with cost of Rs.500/-.

2. Copies of the order herein be furnished to the parties.





(S.P.Lale) (S.R.Khanzdoe)

Member Presiding Judicial Member