PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO. 144/2023
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Sri. Milan Kumar Maharana,
S/O- Late Santosh Kumar Maharana,
R/O- Kansaripada, Ps-Town, Po/Dist-Sambalpur, Odisha-768001
At Present R/O- Watertank Lane, Modipara, Ps-Town
Dist-Sambalpur-768002, Odisha. …….…......Complainant.
-Vrs.-
- Manager, Reliance Digital Store, Reliance Retail Limited , Sambalpur
At-First & Second Floor, Reliance Trends, Budharaja Main Road, Ainthapali,
Po-Budharaja, Ps-Ainthapali, Dist-Sambalpur, Odisha, Pin-768004.
- Managing Director, L.G. Electronics India Pvt. Ltd.
Registered Office At- A-24/6 Mohan Cooperative Industrial Estate, Mathura Road, New Delhi-110044.
- Proprietor, M.S. Electronics. LG Service Center Sambalpur,
At-Budharaja Main Road, Near LIC Office, Po-Budharaja, Ps-Ainthapali,
Dist-sambalpur-768004, Odisha …………........Opp.Parties
Counsels:-
- For the Complainant :- Sri. S.S.Panda & Associates
- For the O.P. No. 1 :- Sri. S.K. Patjoshi, Adv.
- For the O.P. No.2 & 3 :- Sri. S.K.Mohanty & Associates
Date of Filing:15.09.2023, Date of Hearing :08.01.2023, Date of Judgement : 02.04.2024
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant purchased a LG-SBS-GC-L257 SL4L Refrigerator from O.P. NO.1, Retailer for a sum of Rs. 1,04,010/-. The O.P. No.2 is the manufacturer and O.P. No.3 is the authorised service centre. The refrigerator was installed by O.P. No.3. On 23.10.2022 vide RNP 221104061240. The warranty period is one year.
After 3 or 4 days of installation odd sound came from refrigerator, complaint made to O.P. No.3 but he did not turn up. In December 2022 some problem arose like decrease in cooling capacity along with an another abnormal sound from inside and it was informed to O.P. No.3 day after it was repaired by O.P. No.3.
During March 2023 the same problem arose. Complaint was made to O.P. No.3 and abnormal sound still persisting. Again on 29.05.2023 complaint was filed vide RNP 230529092862. O.P. No.3 rectified the defects, satisfaction note given and complaint was closed. On the next day same problem of odd sound found. It was reported but the O.P. No.3 not rectified.
Fourth time odd sound & water dispenser stopped working. On 18.06.2023 complaint No. RNP-230618012892 lodged. Service engineer came and told defects have been rectified. Satisfaction note was sent.
Fifth time on 20.06.2023 same problem continued. Complaint No-RNP230620007053 lodged. The service engineer came and told that mother board is not functioning which is not available in service centre and it will take few days for replacement. On 18.07.2023 the O.P. No.3 without repairing insisted for cancellation of complaint. On 2.07.2023 service engineer came and replaced the mother board. On the next day complainant found that function of the refrigerator totally stopped. After information O.P. No.3 came and told that it might be sensor problem need to be replaced. The sensor was replaced after around 10 days.
On the next day when same problem arose the O.P. No.3 was informed. The O.P. No.3 replaced the new mother board and sensor with old one saying compressor of the refrigerator need to be replaced. Without repairing from 03.08.2023 onwards O.P. No.3 insisted for cancellation of complaint. On 21.08.2023 the O.P. No.3 himself cancelled the complaint vide RNP 230620007053 without repairing. On 06.09.2023 complaint No. RNP 230906081473 was lodged O.P. No.3 came, replaced the compressor and told that the refrigerator is repaired and himself closed the complaint without verification. O.P. No.3 whimsically cancelling the complaint without rectification of defects. Complainant demanded service history but O.P. no.3 refused.
On the next day when refrigerator not worked and demonstrated new problem like ice cube dispenser stopped working, the Complainant became clear that the O.Ps are harassing the Complainant.
Being aggrieved complaint has been filed within the period of warranty.
- The O.P. No.1 in reply submitted that as a retailer it has not any liability although the product has been sold to the Complainant. There is no any deficiency in service and unfair trade practice on the part of answering O.P.
- The O.P. No.2 & 3 manufacturer and authorised service centre in reply submitted that there is no any manufacturing defect in the product, due service has been provided and complaint is not maintainable. The product was purchased on 16.10.2022 with one year warranty till 16.10.2023. On 29.05.2023 service was given and Complainant sharred happy call code.
21.06.2023- The refrigerator was working properly.
06.09.2023- Working properly after replacement of compressor, drier and gas charging.
18.06.2023- Working properly just servicing the refrigerator clearing internally and adjusting the connector.
From Job charts it reveals that the product is manufacturing defect free.
The noise which is alleged has not been explained. No such abnormal sound was coming from refrigerator. On 06.09.2023 compressor was replaced and complaint kept opening till rendering services and after rendering services closed. Service history has been provided to the Complainant. All the complaint’s during the warranty are attended free of cost and required spares are replaced free of cost.
There is no manufacturing defect in the product nor any deficiency in the product not any deficiency in service of O.Ps and accordingly, complaint is liable to be dismissed.
- The O.P. No.2 & 3 have filed job sheet dated 29.05.2023, 21.06.2023, 06.09.2023 & 19.06.2023.
The Complainant filed retail invoice dated 16.10.2022, message dated 16.10.2023 of O.P. No.1 for delivery of product, installation of product message dated 04.11.2023 Complaint No. RNP 230618012892, message dated 19.06.2023, 20.06.2023, 18.07.2023, 20.07.2023, 03.08.2023, 21.08.2023, cancellation message dated 21.08.2023, 06.09.2023 and closing of complaint message dated 06.09.2023.
- After perusal of the statement of the parties and documents it reveals that the O.P. no.3 installed the product on 23.10.2022 vide RNP 221104061240. During the period of warranty five time complaint has been made by the Complainant and the O.P. no.3 attended the product. The Complainant has given the satisfaction code for first three times. During fourth occasion complaint No. RNP 230618012892 the Complainant has submitted satisfaction code but during fifth time on 20.06.2023 as per statement of complaint mother board was replaced but in the job sheet it not find place and the O.Ps closed the complaint Suo-moto. The replacement of censor also not reflected in job card. The O.Ps admitted that replacement of compressor, drier and gas charging was made and the set became O.K. This job was shown in RNP 230906081473 dated 06.09.2023. In every job card signature of the customer has not been taken which proves the unilateral acts of the O.P. No.2 & 3. Here also after replacement of compressor etc no satisfaction code was obtained and complaint closed. During the period of warranty the O.P. admits less cooling complaint, no cooling complaint, joint leakages and compressor replacement whereas denies the replacement of mother board & Senor which proves the deficiency in service of the O.P. No.2 & 3. To supress the defects intentionally in the job sheet it was not reflected and the Complainant was forced to give satisfaction note and when not given unilaterally closed the Complaints. Repeated repairing in a product brings dissatisfaction an d it is due to manufacturing defects in the product for which the vital part like compressor, sensor became defective and replaced. The O.P. No.2 & 3 admits the replacement and it is the opinion of the experts engaged by O.P. No.2 & 3.
Investing huge amount for satisfaction of the family refrigerator was purchased whereas for one year the Complainant run after the O.P. No.2 & 3 to repair and ultimately filed the complaint. Dissatisfaction of the Complainant is reflected in the non sending the satisfaction code and deficiency in service is proved when the O.P. No.3 unilaterally closed the Complaint.
Taking into consideration the circumstances of the case following order is passed:
ORDER
The complaint is allowed on contest against the O.P. No.2 & 3 manufacturer and service centre and dismissed against the O.P. No.1, dealer. The O.P. No.2 is directed to replace a new same specification Refrigerator to the Complainant with in one month of this order failing which the O.P. No.2 shall be liable to refund Rs. 1,04,010/- with 7 % interest P.A. w.e.f. 16.10.2023 till realisation. The O.P. No.2 & 3 shall pay compensation of Rs. 20,000/- each and litigation expenses of Rs. 5000/- each.
Order pronounced in the open court on this 2nd day of April 2024
Supply free copies to the parties.
