By Adv. Jatin Ramaiya
Shailesh Rivankar, Ponda approached the Consumer Dispsutes Redressal Forum, South Goa, complaining against Sony India, its Ponda based dealer, Nishant Enterprises and the Sony, Authorized Service Center. Rivankar had purchased a Sony Led TV, Bravia, for Rs 22,900. However the LCD panel of the TV got damaged and as per instructions of the dealer he approached the service centre in order to get the same replaced and accordingly the panel was replaced
He was informed that an original panel was installed and the replaced LCD panel was under warranty for a period of one year and therefore asked to pay an amount of Rs 9,300 towards the replacement . Rivankar claimed tha, on the very next day whilst viewing the television, he was not happy as the clarity feature was not good, leading him to suspect that the installed LCD panel was a duplicate one and accordingly, he informed the dealer and Sony about the technical/mechanical defect, but to no avail.
Pursuance to a notice issued by Rivankar, an officer from Sony requested that a service engineer be allowed to inspect the TV and accordingly, the TV set was inspected and noted that there were black spots appearing on the screen which could not be removed. In view of the deficiency in service Rivankar directed Sony India to take back the TV or to replace the LCD panel with original one with warranty or refund and compensation for mental agony.
In response to the complaint Sony India submitted that, they are not liable at all as Rivankar would have to establish as to what went wrong that resulted in a broken TV panel and that he had not placed any evidence on record to show that the TV suffers from any inherent defect or that it suffers from any manufacturing defect and, therefore, the complaint is liable to be dismissed and the claim is made on misrepresentation of facts which are denied. The company prayed that the Forum dismiss the complaint in the interest of justice with costs as the same is frivolous, vexatious and lack in material substance.
The members of the Forum, observed that, nowhere in their reply do the opposite parties address the question raised by the complainant which is that the LCD Panel which was replaced by them was not defective. It is also not the case of the opposite parties that the television set could not be viewed. It was the duty of the opposite parties to clearly state what was the defect in the television set which made it not usable.”
The Forum further observed, “The opposite parties are bound to replace the LCD panel with an original one.” The members of the Forum whilst allowing the complaint directed Sony India and its service center to replace the LCD panel with an original Sony LCD panel, which after replacement is in a working condition and also give a certificate of fitness to Rivankar on the new replaced LCD panel and further pay compensation of Rs 5,000 and costs of Rs. 3000.