Rewari District Commission Dismisses Complaint Against Reliance Retail And TTE Ltd. For Lack Of Evidence
The District Consumer Disputes Redressal Commission, Rewari bench of Sanjay Kumar Khanduja (President) and Rajender Parshad (Member) dismissed a consumer complaint against Reliance Retail and TTE Technology India Pvt. Ltd alleging manufacturing defect in TV sold to the Complainant. The bench held that merely expressing dissatisfaction does not warrant an order for the return or...
The District Consumer Disputes Redressal Commission, Rewari bench of Sanjay Kumar Khanduja (President) and Rajender Parshad (Member) dismissed a consumer complaint against Reliance Retail and TTE Technology India Pvt. Ltd alleging manufacturing defect in TV sold to the Complainant. The bench held that merely expressing dissatisfaction does not warrant an order for the return or replacement of the LED TV.
Brief Facts:
The Complainant purchased a 49-inch Smart Android LED TV from Reliance Retail for a price of Rs. 28,528. The TV was manufactured by TTE Company. The Complainant alleged that after 15 days of purchase, the TV malfunctioned due to a manufacturing defect making it unable to run Android applications. Despite repeated attempts to resolve the issue with Reliance Retail and TTE through emails, no satisfactory resolution was reached. The engineer sent by TTE to repair the TV was unsuccessful in resolving the problem. Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission, Rewari, Haryana (“District Commission”) and filed a consumer complaint against Reliance Retail and TTE.
The Complainant claimed that he suffered financial loss due to the defective TV sold by Reliance Retail and TEE and sought a refund of the purchase price along with interest, as well as compensation for harassment and litigation expenses.
In response, Reliance Retail argued that the LED TV sold to the Complainant was defect-free and in perfect working condition. It shifted the liability to TTE, the manufacturer and argued that any defects are the manufacturer's responsibility.
Infinity e-services Private Ltd (Service Provider), initially impleaded by the Complainant, was removed from the case on May 9, 2023, following a statement from the Complainant's counsel. Subsequently, TTE Technology India Pvt. Ltd., identified as the manufacturer, was added to the case on August 21, 2023, but were unilaterally removed by the Complainant on February 16, 2024.
Observations by the District Commission:
The District Commission held that the email referred by the Complainant didn't substantiate the nature of the defects experienced with the LED TV. Despite the Complainant's repeated requests for repair and eventual replacement in subsequent communications, the lack of specific details regarding the defects undermined the credibility of the claim.
The District Commission held that it cannot pass judgment merely based on the Complainant's assertions without concrete evidence of the alleged defects. It held that merely expressing dissatisfaction does not warrant an order for the return or replacement of the LED TV. Further, the bench held that the Consumer Protection Act, 2019, must not be exploited by frustrated litigants seeking unjust enrichment or as a means of harassment against others.
The District Commission noted that the unilateral deletion of Infinity e-services Private Ltd. along with newly impleaded manufacturers TTE Technology India Pvt. Ltd., who supplied the LED TV to Reliance Retail, raised questions regarding the consistency and integrity of the complaint process.
Therefore, the District Commission held that without compelling evidence or expert testimony demonstrating a manufacturing defect in the LED TV, there was no merit in the consumer complaint. Consequently, the complaint was dismissed.
Case Title: Dharamvir Yadav vs Reliance Retail Ltd. and Ors.
Case Number: Consumer Complaint No: 155 of 2020
Date of Decision: 28.5.2024