Case No. 270/2010. Case: Vinay Narain Vs LG Electronics India Pvt. Ltd. and Ors.. Delhi State Consumer Disputes Redressal Commission
| Case Number | Case No. 270/2010 |
| Judges | A.S. Yadav, President and Ehtesham-Ul-Haq, Member |
| Issue | Code of Civil Procedure, 1908 (CPC) - Order I Rule 10(2); Consumer Protection Act, 1986 - Sections 12, 14 |
| Judgement Date | Thursday May 21, 2015 |
| Court | Delhi State Consumer Disputes Redressal Commission |
Order:
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This order shall dispose of an application moved under Order 1 Rule 10(2) CPC by OP-3 for discharge being not a necessary party.
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We have heard Ld. Counsel for parties and perused the record. Compliant filed the present complaint u/s. 12 and 14 of Consumer Protection Act regarding deficiency in service on the part of OPs including the applicant i.e. Rediff.Com India Ltd. (OP-3).
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The case of the complainant is that on the basis of certain promotions and advertisement etc. hosted by the website of OP-3, had made an internet purchase of a LG DVD Recorder VCR Combo 1080p Model RC897T for a sum of Rs. 24990/- as per Order Approval dated 27.7.2009. However that product happened to be defective. The matter was reported to the OPs. The product was replaced with a new product of same quality. Even the same was found to be defective however that defective product was not replaced by the OPs. Complainant has filed this complaint for refund of amount of the product and compensation.
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The complaint is contested by all the OPs including OP-3. OP-3 during the pendency of the proceedings moved this application for dropping of proceedings against OP-3 on the ground that it is neither a necessary nor a proper party.
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The application has been opposed by the complainant stating therein that OP-3 is a necessary and proper party as it is the main facilitator and service provider between OP-1 and the complaint and making profit from the transaction and Ops are jointly...
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