Rajasthan

StateCommission

A/133/2017

P.K. Choudhary S/O Late P C Choudhary - Complainant(s)

Versus

SONY India Ltd. - Opp.Party(s)

Swaraj Sharma

27 Feb 2017

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 133/2017

 

P.K.Chaudhary s/o Late Dr. P.C.Chaudhary r/o S 62 Koral Lane, Adinath Nagar, JLN Marg, Jaipur.

Vs.

 

Soni India Ltd. A-31 Mohan Co-operative Industrial Estate, Mathura Road, Delhi & ors.

 

 

Date of Order 27.02.2017

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mr. Kailash Soyal -Member

 

Mr. R.K.Tongawat counsel for the appellant

 

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

2

 

This appeal has been filed against the order passed by the District Forum, Jaipur 1^st dated 10.11.2016 whereby the claim petition has been dismissed. The matter has come upon application under section 5 of the Limitation Act as the appeal has been filed with delay of 59 days . The contention of the appellant is that he was in Canada and he returned on 30.12.2016. Hence, he could not get the information of the order but this contention seems no legs as the complainant was duly represented through his counsel and even the copy of the order was obtained on 25.11.2016. Hence, no reasonable cause has been shown for the delay and on this ground alone the appeal is liable to be rejected.

 

Merit has also been considered. The television set was purchased on 23.10.2010 and first time complaint was lodged on 17.11.2013 after about three years of purchase. The contention of the appellant is that television is having manufacturing defect but after three years it could not be accepted and further more the expert report dated 7.5.2016 was submitted which has no evidentiary value as it could not prove the fact that the TV was having any manufacturing defect since its sale i.e. on 23.10.2010 and the Forum below has rightly assessed the facts of the case.

3

 

In view of the above there is no merit in this appeal not worth acceptance and stands dismissed.

 

(Kailash Soyal ) (Nisha Gupta )

Member President

 

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