PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                   CONSUMER COMPLAINT NO. 113/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Nakula Meher,

S/O- Ghana Meher,

R/O of Central Lane, Burla, PO/PS-Burla,

Dist-Sambalpur-768017, Odisha,

Mob. No. 9178125537                                                  …………........Complainant

Vrs.

1. LG Electronics India Pvt. Ltd,

Having registered office at A-wing(3^rd Floor), D-3,

District-Center, Saket, New Delhi-110017.

2. M/S G.N. Electronics, Situated at Bishop House Buiding,

Ainthapali Road, PO-Budharaja, Ps-Ainthapali,

3. M.S. Electronics,

Near LIC office, Budharaja, Po-Budharaja, Ps-Ainthapali,

• ...…….Opp. Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.P. No.1                           :- Sri. S.K. Mohanty & Associates
3. For the O.P. No.2                           :- Sri. M.R. Patra & Associates
4. For the O.P. No.3                           :- Sudarsan Mishra Later Ex-parte.

Date of Filing:17.07.2023,Date of Hearing :11.12.2024,Date of Judgement :12.03.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased a LG Washing Machine of the O.P. no.1 company from O.P. no.2 bearing Model No. T1064HFE35. ASSPEIL LG clothes washer Turbo Drum Sl. No. 612PNXL2R60 for an amount of Rs. 37,000/- against invoice No. GN/4865/17-18 dated 16.02.2018. The machine was used till 25.08.2021. On 26.08.2021 defects arose and complaint was made to service center, O.P. no.3. The service center, O.P. No.3. The service technician repaired the machine and took Rs. 3422/- against Job Card No. RNP210823081202 although it was within the period of warranty. The machine was used till 21.09.2021 and again on 22.09.2021 faults arose in the machine. The O.P. no.3 rectified the defects and charged Rs. 2437.50P against Job NO. RNP210923081231. The machine was again used and on 29.09.2022 third time defects arose. The O.P. No.3 against Job No. RNP 220928030047 charged Rs. 879/- from the Complainant. The machine was used till 07.12.2022 and again on 08.12.2022 machine while smelling it was taken to O.P. no.3. The O.P. No.3 tried to repair and said it is non-replaceable and suggested for purchase of new machine while surrendering for new machine it will less Rs. 7500/-

Being harassed complaint is filed.

2. The O.P. No.1 in reply submitted that on 16.02.2018 the washing machine was purchased for Rs. 37,000/- and the warranty period no complaint has been made. Job card have been issued for the services attended by O.P. no.3.

The O.P. No.3 is an authorized service center. To maintain good will the complainant was offered a 20% refund of the actual price paid under the depreciation policy. Complainant denied to avail the facility.

After expiring of two years warranty an additional 7 years warranty is provided on the motor of the washing machine only. There is no any deficiency on the part of O.Ps and complaint is liable to be dismissed.

3. The O.P. No.2, dealer submitted that O.P. no.2 & 3 have no role to play after sale of the product.
4. The O.P. No.3 is set ex-parte.
5. Perused the warranty card issued on 16.02.2018 issued by O.P. No.2 dealer. The warranty period is for two years. Additional warranty of 8 years is provided on all direct drive motors used in washing machine. O.P. no.3 service center attended Job No. RNP-210823081202 on 26.08.2021. Job No. RNP 220928030047 was attended on 29.09.2022. During the 4^th term dispute arose. During first three services PCB Assembly, Main issues arose and services charges taken by O.P. no.3. During 4^th time the service provider, O.P. No.3 detected motor issue. When the defects is in the motors it is covered under the additional warranty and it is duty of O.P. no.3 to replace the defective motor but it was not done so. It amounts to deficiency in service on the part of O.P. No.3 and the manufacturer, O.P. No.1.
             Taking into consideration the circumstances of the complaint it is ordered:

ORDER

The Complaint is partly allowed against the O.P. No.1 & 3 who are jointly and severally liable. The complaint is dismissed against O.P. No.2, dealer. The O.P. No. 1 & 3 are directed to replace the defective motor of the washing machine within one month of this order. In case of non-replacement and not bringing the washing machine to running condition, the O.P. No.1 is liable to provide a new same brand washing machine to the Complainant. For deficiency in service the O.P. no.1 & 2 are to pay compensation of Rs. 20,000/- jointly and litigation expenses of Rs. 5000/-

Order pronounced in the open court on this 12^th day of March 2024.

Supply free copies to the parties.