Monday, November 29, 1999

Consumer court pulls up man for raising false apprehension

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New Delhi, Jun 17 (PTI) The Delhi State Consumer Commission has pulled up a consumer, who refused to send his TV set for repair to the workshop claiming that the electronic goods company may charge him unfairly for non-existent defects and insisted that it be repaired at home. It dismissed the petition of Tarun Kumar Dutta who had sought a direction to Philips India Limited to refund the cost price of television alongwith compensation and litigation costs for its malfunctioning. The Commission said there existed no evidence to show that the company was at fault in failing to take steps to rectify the defects in the television. "The appellant''s scepticism about the company declaring false defects in the television and charging unwarranted amount is a mere cry in the wilderness and nothing can be done about it unless it is established that non-existing defects were shown in the TV for which charges were obtained," the Commission said. "The company cannot be said to be at fault and the apprehension of Dutta cannot be said to be well founded because there is no prima-facie evidence for the same," a Commission bench comprising President B A Zaidi and Member M L Sahni said. The Commission said that the action of Dutta in refusing to send the defective television set to the workshop of the company and rather insisting on its repair in the home was "unfair". "The insistence of the appellant for the TV being opened up in his presence at his house so that he could ascertain the fault was not justified," it said.

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