The forum grossly erred by imposing fine on complainant.The purpose of purchasing the T V is defeated.On the other hand company has not sent new T V to the consumer.But as per the settled law the receipt of Demand draft amounts to receipt of amount so the complainant should have handed over the T V to the company.The forum could have awarded 6 percent per annum interest on the value of the TV for non return of the defective T V. by the complainant.
It clearly appears the complainant unnecessarily prolonged the matter by not returning the defective LED TV for one year show his non cooperation with the Company.
The complaint is frivolous as the refund was given by the Company. Suppose the DD was not honoured, the Company would have been in a soup for dishonour of the Instrument. Forum is also right in levying Rs 10000/- as usage charges as the TV was not returned. It is not a penalty but usage charges. Forum has not imposed any costs on the Complainant and as such should be thankful to the Forum. Further such cases choke up the system. The Formalities in the Consumer Forum have increased and it has become bureaucratic in approach like regular courts.
Though at first sight it looks like the order is against the consumer it really should not be taken like that. The opposite party that is the Samsung co. has been diligently pursuing the matter on receipt of the complaint and there is no any deficiency of service. When a DD is issued it certainly can be encashed without any problem.
Just because of this judgment consumers need not be afraid of filing cases before consumer court and get relief.
@A.A Jose Baroda Thanx sir for sharing your views. It is a case filed by In person without the help of advocate so the DCF passed the order in company favour. It also slapped complainant with a fine of Rs. 10,000/- to get a replacement TV.
I am the complainant in the case. Can you please help me with the grounds to mention in the appeal to state commission.
The Order passed by the Consumer Forum is erroneous and the Forum appears to have not taken pro-consumer approach. IT was quite reasonable for the consumer to insist upon that the defective TV will be returned only after the DD is credited to his account. This order deserves and will most probably get reversed if challenged in the State Commission.
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