BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

C.C NO-21/2019

Present-Sri Dipak Kumar Mahapatra, President, Smt. Smita Tripathy, Member (W).

Rajendra Prasad Agrawal,aged about 62 years,

2^nd Left Lane Balaji Colony,

Badabazar,P.O/P.s-Khetrajpur,

Tahsil/Dist-Sambalpur.                                                                                …..Complainant

Vrs.

1. L.G Electronics India Pvt. Ltd,

A Wing, 3^rd Floor,B-3 District: Saket.

New Delhi-110017.

2. L.G Authorised Service Centre,

C/O- L.G Electronics India Pvt. Ltd ,

Near LIC Office,P.O- Budharaja,

Counsels:-

1. For the Complainant:- Self
2. For the O.P-1              :-Sri Subhendra Kumar Mahanty,Advocate & Associates.
3. For the O.P-2             :-Sri Subhendra Kumar Mahanty,Advocate & Associates.

DATE OF HEARING : 15.03.2021, DATE OF ORDER : 12.04.2021

SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that, the Complainant has a Refrigerator of LG make which became defective as it was no cooling at all. On dtd.27.03.2019 he lodged a complaint on the toll free number-1800 1809 999 about the problem. A Technician came on the next day and after inspection suggested replacing the PCB as it was defective. He replaced the PCB and charged Rs. 4,733/- provided a bill vide no-TCR S04878/02572 dtd. 02.04.2019. After replacement of the PCB, there was no cooling obtained for which the Complainant again called on the Toll free number. On dtd. 27.04.2019 two Technicians came to attend the call, inspected the Refrigerator and found that the Compressor is not functioning properly for which the PCB again and again damaged. After replacing the Compressor the Refrigerator worked properly. The Complainant alleged that the PCB was not defective originally rather the defect was in the Compressor but the O.P replaced the PCB and took the money against the same which is Unfair Trade Practice and Deficiency in Service and prayed for certain relief .

            As per the O.P-1 the Complainant has purchased the Refrigerator on dtd. 23.04.2015 with one year warranty on it and additional four year warranty on the compressor. The manufacturer of the product assure to provide free service and replacement of certain parts during warranty and never assures free services after expiry of warranty or replacement of the product.  As such the warranty expires on the refrigerator on dtd. 24.04.2016 and warranty on compressor remains in force.  The Complainant has lodged the complaint after four year for the first time on dtd. 27.03.2019 for which the service was provide to him on chargeable basis.  The Complainant was advised to use Stabilizer to get rid of voltage fluctuation and the PCB was damaged due to abnormal flow of electricity. The Compressor of the Refrigerator was replaced free of cost as it was within warranty period.

As per the O.P-2 the on dtd.27.03.2019 the Complainant lodged a complaint over the toll free number-1800 1809 999 about the problem of no cooling in the refrigerator.  A technician reached to attend the call and after inspection the Technician replaced the PCB and charged Rs. 4,733/- and issued a bill vide no-TCR S04878/02572 dtd. 02.04.2019. Even after replacement of the PCB the Complainant complained of no cooling . They on dtd. 27.04.2019 two technicians came to attend the call, inspected the Refrigerator and found that the Compressor is not functioning properly for which the PCB again and again damaged. After replacing the Compressor the Refrigerator worked properly. The Complainant has purchased the Refrigerator on dtd. 23.04.2015 having one year warranty on it and additional four year warranty on the compressor. The manufacturer of the product assure to provide free service and replacement of certain parts during warranty and  never assures free services after expiry of warranty  or replacement of the product.  As such the warranty expires on the refrigerator on dtd. 24.04.2016 and warranty on compressor remains in force.  The Complainant has lodged the complaint after four year for the first time on dtd. 27.03.2019 for which the service was provide to him on chargeable basis.  The Complainant was advised to use Stabilizer to get rid of voltage fluctuation and the PCB was damaged due to abnormal flow of electricity. The Compressor of the Refrigerator was replaced free of cost as it was within warranty period.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has purchased a new LG refrigerator on payment. There is no dispute that complainant used the subject Refrigerator for about 4 years without any complaint and after a lapse of 4 years the subject Refrigerator became inoperative and / or machine stopped cooling. Service Engineer had been to the residence of the complainant against complaint dated 27.03.2019. O.Ps. provide one year comprehensive warranty and four years warranty of the compressor. Statutory period of warranty had already been elapsed due to efflux of time. Therefore, upon expiry of the warranty period the repair and / or replacement of spare parts and PCB are payable by the complainant. Complainant though paid the price of the PCB but objected to the same in spite of elapsed of warranty period. Thus, the O.Ps. cannot provide free repair and replacement of PCB  beyond the scope of the warranty policy. The complainant did not pay the cost of Compressor as it was under warranty of the subject Refrigerator. This matter has been well settled in the case of “Babulal Kumar vrs. Force motors Ltd & Ors. decided on 1^st December 2014  by State Consumer Disputes Redressal Commission, Rajasthan, Jaipur”. Therefore, it is crystal clear that there is no deficiency in service and / or unfair trade practice on the part of the O.Ps. Thus, the complaint is found frivolous and liable to be dismissed with cost.

Order pronounced in the open court today i.e, on 12^th day of April-2021 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

I agree,                                                                                             

-Sd/-                                                                                                               -Sd/-

MEMBER.(W)                                                                                               PRESIDENT.

                                                Dictated and Corrected

                                                                By me.       

                                                            -Sd/-

                                                            PRESIDENT.