Manager Surya Prakash 9949076699
… Opposite Parties
Counsel for the Complainant : PIP
Counsel for the Opposite party No.1 : ABSENT
O R D E R
(By Smt. P. Kasthuri B.Com, L.L.M., PRESIDENT(FAC) on behalf of the Bench)
The case of the complainant in brief :
1. Complainant contended that he purchased a Washing dryer machine from OP2 on 26.02.2019 and on 28.10.2019, the said machine was installed in the bathroom of the complainant’s house so that there is no direct sun light falling on it as per the advice of opposite party and later while the machine was put to use, the clothes ware holding burning smell getting twisted, shrunken and sometimes not drying completely. Further, the room and the machine became hot and very unsafe to be used. He immediately called up the LG service centre (OP NO.1) and the dealer (OP2) to take immediate action but there was no response for his WhatsApp messages sent on 29, 30 & 31-10-2019 and also on 03.11.2019. He also gave a return complaint to the LG (OP1) on 05.11.2019, but the problem remained unresolved. The complainant then contacted the National Consumer help line through its toll free Numbers on 13.11.2019 and 29.11.2019 but even then the problem continued to exist. Hence, the complainant filed the present complaint alleging deficiency in service on the part of opposite party No.1 and 2.
2. Opposite parties No.1 and 2 are called absent even though the notices were served on them.
3. In the course of enquiry, the complainant has filed evidence affidavit reiterating the material facts of the complainant and got marked exhibits Ex.A1 to A17 and also filed written arguments on their behalf. The opposite parties remained absent inspite of the notices served from this Commission. Heard the arguments of the complainant and on consideration of the material brought on record, the following points have emerged for consideration.
- Whether the complainant has made out a case of deficiency
of service or unfair trade practice on the part of opposite
parties.? - If so, to what relief.?
Point No.1
Complainant has purchased a washing machine with dryer from OP No.2 of LG make i.e, Opposite party No.1 on 26.10.2019 vide invoice No.1207/19E/S-54547 model No. F4J8VHP2SD and Sl.No. 906PNBM00181 as evidenced under Ex.A1. The said machine was installed in the complainant’s house on 28.10.2019 by the opposite party No.2. It is the contention of the complainant that when the washing machine was being used, it started giving burning smell of clothes and the clothes were getting twisted, shrunk and not drying completely posing danger to the family members with the excessive heat generated and the machine and room becoming hot due to which, he made several complaints and requested the opposite parties through WhatsApp and Emails for carrying out the repairs but the Ops never acted promptly and they were never serious in fixing the problem and the complainant having approached the National Consumer Helpline, the problem remained unresolved, as such he approached this Commission.
The documents under Ex.A2 to Ex.A17 clearly evidence that the complainant has made serious efforts in complaining and requesting the Opposite parties to resolve the issue that cropped up in the washing machine. The complainant also approached the National Consumer help line regarding the issue but the problem could not be rectified. It is evident from the correspondence under the Emails and WhatsApp messages that the complainant having purchased the washing machine by investing his hard earned money, he could not make use of it even for a week’s time. The purpose for which the product was purchased could not be made use of. Further the clothes were damaged, the machine and the room also became hot with burning smell posing threat to the life and property of the complainant for which no action came from the opposite parties inspite of the constant correspondence made with them. Further the LG, being a global company and having gained sufficient name and fame globally, cannot be expected to provide a product of defective quality and deficient services. It cannot now diminish its value by its lackadaisical attitude towards its customers. Hence, we strongly feel that the complainant has established that there is deficiency in service on the part of the opposite parties. However the cost of the washing machine as per document under Ex.A1 is Rs.70,991/- whereas the complainant has claimed in the prayer only a sum of Rs.52,000/- along with 4% interest. In view of the above prayer, the complaint is allowed directing the opposite party No. 1 to refund to the complainant a sum of Rs.52,000/- along with interest @ 4% p.a. and take back the defective product from the complainant. Further we also award a sum of Rs.3,000/- towards the monetary loss caused due to the damage of his clothes and also grant a sum of Rs. 5,000/- towards compensation for mental agony and trauma undergone by the complainant.
As far as the liability of the opposite party No.2 is concerned, we feel that the opposite party No.2 is discharged from its duty, the moment the matter was taken over by opposite party No.1. Hence, the opposite party No. 1 cannot be made liable.
Point No.2
In the result, this complaint is allowed directing the opposite party No.1 ;
1. to refund to the complainant, the cost of Washing machine of a sum of Rs. 52,000/- (Rupees Fifty Two thousand only) along with interest @4% p.a from the date of complaint till the date of this order and take back the defective product from the complainant.
2. to pay a sum of Rs.3,000/-(Rupees Three thousand only) towards the damage caused to his clothes,
3. to pay a sum of Rs.5,000/-(Rupees five thousand only) towards compensation for the mental agony and trauma,
4. to pay a sum of Rs.5,000/- (Rupees Five thousand only) towards costs.
5. Complaint against Opposite party No.2 is dismissed.
Time for compliance : 40 days
In case of non-compliance of this order within the stipulated period, the opposite party No. 1 shall also pay interest @9% p.a on 52,000/- from the date of this order till the date of realization.
Dictated to steno, transcribed and typed by him, pronounced by us on this 17th the day of March, 2021.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
Exhibits filed on behalf of the Complainant:
Ex.A1– Copy of Bajaj Purchase receipt dt. 26.10.2019.
Ex.A2 – Copy of Email submission of the complaint to Bajaj and LG dt.
05.11.2019.
Ex.A3 - Copy of Email correspondence reminding of the service needed dt.
07.11.2019.
Ex.A4 – Copy of Email correspondence to Baja and LG dt. 10.11.2019.
Ex.A5 – Copy of Email correspondence to Baja and LG dt.11.11.2019.
Ex.A6 - Copy of Email correspondence to Baja and LG dt. 12.11.2019.
Ex.A7 - Copy of Email correspondence notice about consumer helpline to
Bajaj and LG dt. 13.11.2019.
Ex.A8 - Copy of Email correspondence to Baja and LG dt. 22.11.2019
Ex.A9 - Copy of Email correspondence to Baja and LG dt. 26.11.2019
Ex.A10 - Copy of Email correspondence to Baja and LG dt. 28.11.2019.
Ex.A11 - Copy of Email correspondence notice to Baja and LG dt.
15.12.2019.
Ex.A12 - Copy of Web Registration receipt from LG of the product washing
machine dt. 30.10.2019.
Ex.A13 - Copy of Web registration request submitted for service dt.
30.10.2019.
Ex.A14 - Copy of Whatsapp correspondence to Bajaj dt. 01.11.2019.
Ex.A15 - Copy of Whatsapp correspondence to LG dt.29.10.2019.
Ex.A16 - Copy of Whatsapp correspondence to LG dt. 30.10.2019.
Ex.A17 - Copy of Whatsapp correspondence to LG. dt. 31.10.2019.
Exhibits filed on behalf of the Opposite parties:
Nil.
MEMBER PRESIDENT
