Complainant is present and files hazira. Advocate for O.P.No.1 is present and files written version duly signed by O.P.No.1. Written version was filed on behalf of O.P.No.1 earlier through their Advocate without signature of O.P.No.1. Heard from both sides. During course of hearing the Complainant submitted that he had purchased Samsung make LED T.V. model No.UA23F4002 ARM XL on 22.12.2013 from O.P.No.2 for a consideration amount of Rs.13,500/-. After one month of its purchase display problem in monitor as well as audio problem was found. The TV set was produced before O.P.No.2, who had sold the same, incurring expenses of Rs.1500/-. O.P.No.2 kept the defective T.V.set with him for 2 months and lastly returned the said set to Complainant without making good the defective T.V. set expressing his helplessness on the ground that O.P.No.1-Company refused to obliged the claim of Complainant as the same was burnt due to high voltage of electricity. Ld. Advocate for O.P.No.1 submitted that the O.P.No.2 is the dealer of O.P.No.1 but he has no workshop for undertaking repairing work of T.V.. The Complainant should have lodged complaint with the Authorised Service Centre as mentioned in the warranty card. Further, the Complainant has never deposited the T.V. set with O.P.No.2.

            Having heard both sides and upon perusal of record we are convinced that the defects as alleged by Complainant are within warranty period of one year. The T.V.set was purchased on 22.12.2013 and defects were found on 04.02.2014. Moreover, it has become a common practice to deny the claim under warranty holding that defect is due to lightening or high voltage of electricity. We cannot accept such plea of O.P.No.1. As it appears the TV set in question has got some manufacturing defect for which it is unserviceable and each O.Ps shifted their responsibility on the shoulder of others. It is undoubtedly true that the Complainant has been debarred to get the utility of the TV set since long even after payment of Rs.13,500/- to O.P.No.2. Under such circumstances, as gesture of good will, we direct O.P.No.1 to replace the defective TV through O.P.No.2 by a new one of the same model to the Complainant within a period of one month from the date of receipt of this order. If replacement is not possible by O.P.No.1, the cost of the TV set may be refunded to the Complainant within the aforesaid period. The Complainant is directed to return the defective e TV set after receipt of new TV or its cost to O.P.No.2. No costs.