BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ADDITIONAL BENCH, MANGALORE

Dated this the 3^rd December 2016

PRESENT

SRI. VISHWESHWARA BHAT D         : HONBLE PRESIDENT

SRI. T.C. RAJASHEKAR                      : HONBLE MEMBER

ORDER IN

C.C.No.286/2013

(Admitted on 08.11.2013)

Laxmana Naik,

S/o Kalu Naik,

Aged about 30 years,

Fire Service Quarters,

Kadri Fire Service Centre,

Kadri Mangalore, Da.Ka. District.

                                                                ….. COMPLAINANT

(Advocate for the Complainant: Sri CNG)

VERSUS

1. The Manager,

    Nayaks Business Associates,

    Shamoon Chambers,

     Lower car streat,

     Mangalore, D.K.

2. The Manager,

    Innovative Access,

    Authorizes Service Centre For

    L.G. Electronics India Pvt., Ltd.,

    Balmata Mangalore , D.K.

3.  LG Electronics India Pvt.,Ltd.,

     Reg. Office  A .27,

     Mohan Cooperative Industrial Estate,

     Mathura Road,

     New Delhi  110044.

                                                                        ......OPPOSITE PARTIES

 (Advocate for the Opposite Parties No.1, No.2 & No.3: Sri. MVP)

ORDER DELIVERED BY HONBLE PRESIDENT

SRI. VISHWESHWARA BHAT D:

1.      1. The above complaint filed under Section 12 of the Consumer Protection Act alleging deficiency in service against claiming certain reliefs.

The brief facts of the case are as under:

     The complainant purchased LG product GL 260 Frost Free Refrigerator from opposite party No.1for Rs. 18,200/ under Invoice No. 11211969 dated 18.11.2011.  It was found the product was found several manufacture defects. Opposite party were intimated as per reported dated 12.10.2012 and 11.5.2013 and the repair were also carried out and ultimately on 24.8.2013 opposite party No.1 and No.2 opinioned this newly purchased product cannot be rectified and took away the product for replacement under delivery challen No. 1573.  However despite repeated demands including legal notice opposite party No.2 did not provide refrigerator on the ground same model is not available and offered to refund the amount of invoice but refused to pay the present invoice amount which has to be made for purchase a new product.  Hence seeks refund of amount with interest and compensation cost of Rs.50,000/ towards loss, hardship, metal agony and 10,000/ towards cost of litigation.

2.  Opposite party No.3 filed written version contending the model is not in production.  Hence are ready to give invoice money back but they have not received any communication from the side of complainants and instead issued lawyer’s notice. Opposite party has taken step to satisfy complainant a consumer at undisputed point of time offered the complainant that they will repudiated the invoice amount which the consumer had paid for the product and settle the dispute.  Hence seeks dismissal of the complainant.

2.     In support of the above complainant Mr. Laxmana Naik filed affidavit evidence as CW1 and answered the interrogatories served on him and produced documents got marked as Ex.C1 to C5 detailed in the annexure here below.  On behalf of the opposite party Mr. Jagadish (RW1) Manager, L.G. Electronics, Mangalore also filed affidavit evidence and answered the interrogatories served on him.

III.     In view of the above said facts, the points for consideration in the case are:

1. Whether the Complainant is a consumer and the dispute between the parties?
2. If so, whether the Complainant is entitled for any of the other reliefs claimed?
3. What order?

      We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:         

               Point No. (i): Affirmative

              Point No. (ii): Affirmative

              Point No.(iii): As per the final order.                  

REASONS

IV.   POINTS No. (i):   The buyer of the product of opponents by complainant had defect and that defect was not rectified and there was manufacturing defect is admitted by the opponents.  The tender of Invoice amount after a lapse of more than a year 9 months of purchase was refused by complainant.  Hence there is a dispute to be gone into between the parties.  Hence we answer point No.1 in the affirmative

POINTS No. (ii):    The date of purchase is 18.11.2011 the written complaint by complainant are admitted dated 12.10.2012 and 11.52013 and the product was taken back by 2^nd opposite party with the promise of replacement on 24.8.2013.  The said delivery challan is dated 24.8.2013 is Ex.C2 there is specific endorsement that is collected from customer for replacement.  Thus it is clear after almost one year 9 months the goods was collected for replacement.  Admittedly it is only substantiate there from offer to pay the invoice amount of the goods taken back was made on behalf of the opponents to complainant.  Thus it was almost 2 years after the purchase.  There is no dispute that the refrigerator in question was taken back due to manufacturing defect.  But when the opponent refused to replace the same opposite party cannot be permitted to tender only the Invoice amount to the complainant and cannot accept to settle as the matter the complainant cannot get a replacement of such a product at the invoice value of 2011.  This is clear from Ex.C5 a Quotation dated 27.01.2014 produced by complainant which was issued by Girias Investment Pvt. Ltd, Mangalore.   It shows the quotation price of LG product Gl 78 Frost Free at Rs.. 29,250/ . 

     Thus under circumstances while ordering opposite party No.3  to refund the amount of Rs.18,200/  with interest at 9% per annum from the date of Legal Notice till the payment opposite party No.3 shall also be directed to pay Rs.30,000/ towards inconvenience, loss and hardship and mental agony and another sum of Rs.10,000/ towards cost of the proceedings.

POINTS No. (iii):  Wherefore the following order

ORDER

    The complaint is allowed.  Opposite party No.3 to refund the amount of Rs.18,200/ (Rupees Eighteen thousand Two hundred only)  with interest at 9% per annum from the date of Legal Notice till the payment.   Opposite party No.3 is directed to pay Rs.30,000/ (Rupees Thirty thousand only) towards inconvenience, loss and hardship and mental agony and another sum of Rs.10,000/ (Rupees Ten thousand only) towards cost of the proceedings. Payment shall be made within 30 days from the date of receipt of copy of this order.

     Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.

(Page No.1 to 6 directly dictated by President to computer system to the Stenographer typed by her, revised and pronounced in the open court on this the 3^rd December 2016)

ANNEXURE

Witnesses examined on behalf of the Complainant:

CW1  Mr. Laxmana Naik

Documents marked on behalf of the Complainant:

Ex.C1: 18.11.2011   : Invoice No. 3 CR 01801                 

Ex.C2: 24.08.2012   : Delivery Challan

Ex.C3: 04.09.2013   : Letter of complainant

Ex.C4: 26.09.2013   : The copy of lawyer notice

Ex.C5: 27.01.2014   : Quotation

Witnesses examined on behalf of the Opposite Parties:

RW1: Jagadish (RW1) Manager, L.G. Electronics, Mangalore

Documents marked on behalf of the Opposite Party:

 Nil 

Dated:  03.12.2016                                         PRESIDENT