Holding onto natural justice, a judicial concept, a consumer forum ordered a TV manufacturer to either repair or replace the set which malfunctioned within the warranty period, else pay compensation to the buyer. Interestingly, the TV was bought through an e-shopping portal and the invoice had the name of a ANOTHER (NOT - third-party) seller.
Considering that the bill also mentioned the address of TV maker, Super Plastronics Pvt Ltd, the district consumer commission, central Mumbai asked the former to do the needful in two months (from the date of order) else it will have to pay 18% interest on the refund amount.
The order was passed on December 30, 2022 and uploaded on February 2, 2023. S S Mhatre, commission president and member M P Kasar heard the complaint filed by Parel resident, Manali Cheda.
TV malfunctions within warranty period
Cheda purchased a TV set for her brother through an e-commerce platform for ₹8,999. The set had a warranty period for one year. When the TV set stopped functioning within the warranty period, she filed a complaint. The grievance was pending as the parts required were not available. However, even after many follow ups when the TV set was not repaired, Cheda approached the consumer forum. Plastronics did not attend the case so the allegations went unchallenged.
Further details of the case
During the hearing, the commission observed that one Bathla Teltech Pvt Ltd sold the TV set but it was not made party to the case. It added that in the invoice, Super Plastronics Pvt Ltd is not mentioned anywhere but its address is there on the bill. When the website of Plastronics is looked at, they are makers of Thompson TV, a set of which was purchased by the complainant, pointed out the forum.
It said that as per natural justice it can be considered that Plastronics are makers of the TV and they HAD SOLD THEIR PRODUCT THROUGH BATHLA (NOT - sell the product through third-party). Averring deficiency in service, the commission asked to pay an additional Rs12,500 towards mental agony and litigation cost.
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