NCDRC

NCDRC

RP/3718/2012

SHIVSHARNAPPA - Complainant(s)

Versus

MITC ELECTRONIC LTD. & 2 ORS. - Opp.Party(s)

MS. PRITY KUNWAR

19 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3718 OF 2012
 
(Against the Order dated 22/08/2012 in Appeal No. 2161/2010 of the State Commission Karnataka)
1. SHIVSHARNAPPA
S/o Mallikarjunappa Mugali R/o Plot No 1/2 Mahalaxmi Layout Brahamapur,
Gulamarg - 585103
Karnataka
...........Petitioner(s)
Versus 
1. MITC ELECTRONIC LTD. & 2 ORS.
Onida House G-1 Mhakali Caves Road Andheri (East)
Mumbai - 400093
Maharastra
2. Giras Investment Pvt Ltd
throuh its Manager, No-34/AA I Main Road ,Gandhinagar,
Bangalore
karnataka
3. Onida Service Centre
Through its Manager, Aiwan-E-Shahi Road,
Gulbarga - 585 102
Karnataka
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Ms. Prity Kunwar, Advocate
For the Respondent :
Mr. B.K.Vashisht, Advocate

Dated : 19 Aug 2013
ORDER

Heard learned counsel for the parties. The fora below have decided that here is no dispute with regard to the alleged deficiency of service and unfair trade practice played by the repsondents/Ops. It is for the complainant to prove that the TV purchased by him had any inherent manufacturing defects On this ground, the appeal filed by the appellant was dismissed. The attention of the fora below is invited towards Section 13 Clause (c) which runs as follows ; (c) where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the District Forum shall obtain a sample of the goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Forum within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by the District Forum; It is thus clear that the District Forum is to find out whether there is any manufacturing defect in the TV or not. We, therefore, remand the case back to the District Forum with the directions to give opportunities to the parties to prove their case to this extent and the District Forum is armed with such powers to get the answer to this knotty question. It can also call the expert of its own. It can watch the TV itself and engineer of the opposite party. Parties are directed to appeal before the District Forum on 16.9.2013. District Forum is directed to decide the case expeditiously. In case, if any party does not appear on 16.9.2013, the District Forum will proceed against the party as per provision of law without waiting or sending further notice to them. Revision petition stands disposed of accordingly.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.