• Consumer case against complaint of TV

My LED TV started problems of colour patching during its guaratee period of within 3 years. I have contacted the manufacturer and the service people visited and said it is the panel complaint and they will replace TV with another model. I hav refused as the same was having less resolution of my present one. I had many e mail communications regarding the same and the assured me they will try for replacements& repair of the panel. During all these times we were suffering with the problems comes occationally. Due to the busy schedules of our private jobs, we could not able to go for consumer court. Now the guarantee period passed 2 years. Many times i hav given several mails to the company about the complaint. I hav all the e mail communications within the guarantee period itself. Now the TV is completely out of order. Can i claim the same in court as the company failed to solve my issue which theyaccepted within the guarantee period itself.
Asked 7 years ago in Civil Law

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12 Answers

Yes you serve the company a legal notice and file a consumer complaint that the defected TV was given and can claim for replacement and compensation for harassment and damages along with the legal charges,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1)if you have exhausted all other options and remedies, and the seller or service provide has not solved your problem, you can proceed to file a complaint in consumer court.

2) 24A of the Consumer Protection Act, 1986 provides for the time period of filing the complaint. ... In simple language, you can't file a complaint after 2 years from the date of cause of action. But if you can give a valid and sufficient reason to the authorities, and they agree, then it can be filed

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

File complaint against company before consumer forum and seek orders to direct company to supply new TV set

2) seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear client

Consumer complain maintainable within 2 years of cause of action arise. It will start from the day when they refuse to replace or given last surety of replacement . If Limitation period ovdr than can be condoned by filling application for consolation of delay. Can be filed , guarantee period has nothing to do to calculate limitation period.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Firslty, Sir, let me tell you that the moment you make an application for any compliant, and the same has been filed within the guarantee period then it may be taken as you have made in the said period irrespective of the fact that now the guarantee period has been over it about to over.

Secondly, you should approach the consumer forum for the same, and also ask for the compensation for the delay.

Thirdly, you would surely get relief.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1) Still you have one year of guarantee period so you should make complaint in consumer forum at the earliest.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The complaint itself should have been filed within a period of 2 years from the date of cause of action, in this case, the two years has lapsed, hence the complaint itself is not maintainable.

You will have to approach the civil court and seek out your remedy there.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

Hello,

Send a legal notice to the company.

The complaint has to be filed within 2 years from the date of cause of action.

You are liable to get compensation in case of unfair trade practices.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hello

The problem occurred when fhebtv was in the guarantee period and you informed the company but they didn't do Anything. It is their negligence which has produce this situation.

File a case in the district consumer forum asap.your mails and calls are testimony to the fact that you did what was necessary.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Firstly you should send a legal notice to the company to make the replacement or refund along with interest and compensation for the mental agony caused

If they feel too adhere within 15 days of the receipt of the legal notice, you can proceed to file a complaint in consumer court claiming refund or replacement along with interest, compensation and litigation charges from the company.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

The email correspondences are not considered as evidence in general sense.

However if your last communication with the company in this regard is within two years preceding the date of filing the consumer complaint before the consumer forum, you can very well go ahead.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

File a case in Consumer Court for deficiency in service.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

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