Orissa

Cuttak

CC/15/2014

Seshdev Nanda - Complainant(s)

Versus

BSDS Distributors - Opp.Party(s)

R K Pattanaik

17 Aug 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.15/2014

Seshadev Nanda,

At:Gamadia New Colony,

P.O;Buxibazar,Dist:Cuttack.                                                      … Complainant.

 

                Vrs.

 

      1.         The Dealer LG AC(Air Condition),

             B.S.D.S.Distributors,College Square,Cuttack.

 

2.        The Laxmi Service Station,

       Rajendra Nagar,Infront of Patanjali

       Ayurvedic,Cuttack.

 

3.       The Regional Manager,

      LG India Ltd.,LGEIL,Plot No.02,

      Ist Floor,Bapuji Nagar,Bhubaneswar.

 

4.      The Manager,

      LG Electronics Pvt. Ltd.,

      Plot No.51,Surajpur Kasna Road,

      Greater Noida-201306(U.P).                                                                    … Opp. Parties.

 

Present:              Sri Dhruba Charan Barik,President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:     03.02.2014. 

Date of Order:  17.08.2017.

 

For the complainant        :        Mr. R.K.Pattnaik,Adv. & Associates.  .

For the O.P.No.1.             :        Sri P.K.Tripathy,Advocate.

For the O.P No.2:                               None.

For the O.Ps 3 & 4:                   Mr. S.K.Mohanty,Advocate & Associates.

 

Sri Bichitra Nanda Tripathy, Member.

                The case is against deficiency in service and unfair trade practice on the part of the O.Ps.

1. Shortly the case is that the complainant purchased a A.C from O.P No.1 of LG make Model No.LGLSU6AR3T, ANLG & LG LSN6AR3T by paying Rs.45,000/- on 22.3.2012 vide invoice No.R1-2694/11.12(Annexure-1).  A sum of Rs.3600/- was also paid towards installation charges of the said AC on 27.08.2012(Annexure-2).  The A.C did not function properly for which the mechanic was called from O.P. No.2 but it did not yield any result.  On 25.06.2012 another mechanic was called from O.P No.2 who observed that the P.C.B which connects the motor of the A.C was found defective for which the P.C.B was replaced on the next date.  The said machine hardly functioned for one and a half hour and stopped in the presence of service engineer.  Thereafter again the repair work was conducted by O.P No.2, although the machine started running there was no cooling effect.  Such facts were brought to the notice of the Authorized service centre as well as the Regional Service Centre, Bhubaneswar but it yielded no result.  The complainant made repeated approach for repair of the said A.C but in vain for which a legal notice was served on O.P No.1,2,3 & 4 on 21.01.2013(Annexure-3).  The A.C was with warranty for a period of one year and the compressor was under warranty for a period of 4 years (Annexure-4).  Finding no other alternative, the complainant has taken shelter of this Hon’ble Forum.  He has prayed to direct the O.Ps to refund the cost of A.C along with installation charges amounting to Rs.42,242/- , compensation towards mental agony and harassment Rs.30,000/- and cost of litigation of Rs.10,000/-.  Thus he has claimed a total sum of Rs.82,242/-.
2. O.P No.3 & 4 vide their written brief dt.08.08.2016 has intimated that the complainant has lodged a complaint after expiry of the warranty period and no complaint lodged with O.P No.3 & 4 within the warranty period.  The complainant has failed to prove that the product was with some manufacturing defect and no technical evidence was also produced for the purpose.  Hence, the product cannot be told to have some manufacturing defect.  They have also confirmed that the said A.C was not installed by O.P No.3 or 4 or by any other authorized service centre of the company.  O.P No.2 allegedly from whom the complainant has availed services is no way connected to O.P No.3 & 4. After receipt of the legal notice, a technician was deputed from local authorized service centre for inspection and providing services required if any and it was observed that the A.C was functioning satisfactorily but the complainant expressed his strong desire for replacement of the A.C and did not consented to put his signature on the job card.  The A.C was installed by O.P No.2 who was not an authorized service centre for O.P.3 & 4.  The A.C was serviced by an unauthorized person violating the terms and warranty.  Whenever a complaint is lodged a complaint number is allotted for the purpose and after providing required services a job card is also provided and signature of the complainant is insisted on the company copy for record.  In the present case no complaint number is mentioned and no material is also produced to establish the allegation of the complainant.
3. O.P No.1 vide his written version dt.27.08.2014 has stated that he is the authorized dealer of LG Air Conditioner and other products.  The said A.C was sold to the complainant on 22.03.2012 and the warranty expired on 21.03.2013. The complainant has not lodged any complaint within the warranty period of the said A.C.  The A.C was financed through “Bajaj Finance Ltd. but the complainant has not made Bajaj Finance Ltd. a party.  The A.C was tested and was functioning properly at the time of delivery to the complainant.  The complainant has not produced any record regarding the manufacturing defect of the A.C.  the complainant has violated the terms of warranty by allowing unauthorized persons to install and tamper the A.C.  It is clearly stated in the same warranty card that warranty is not applicable in case “any repair work carried out by persons other than the Authorized Service Personnel”.  O.P No.2 is not an authorized service centre of O.P No.3 & 4.
4. O.P No.2 was set exparte on 25.7.2017.
5. We have gone through the case in details and perused the documents as filed by the complainant as well as by the O.Ps, heard the advocates from all the sides at length and observed that the complainant had purchased a A.C from O.P No.1 for a price of Rs.38,642/- on 22.3.2012.  The complainant has not produced any evidence or document that any complaint was lodged with the O.Ps prior to issue of legal notice on 21.01.2013.  It is alleged by the complainant that a sum of Rs.3600/- was paid to the O.P No.1 on 27.08.2012 but Annexure-2 is silent regarding purpose of such payment.  It appears to be improper that the A.C was purchased on 22.03.2012 and installment charges were paid on 27.08.2012 after more than 5 months.  O.P No.1 has intimated that the A.C was financed by ‘Bajaj Finance Ltd.” and Rs.3600/- was paid towards installments of “Bajaj Finance Ltd.”.  Hence it is not acceptable to us that Rs.3600/- was paid towards installation of the A.C.   The complainant has admitted that they have availed service from O.P No.2.  O.P No.1, 3 & 4 have confirmed that O.P No.2 is not the authorized service centre for O.P No.3 & 4.  Thus it is clear that the complainant has availed service from some other service centre (O.P No.2) and the complainant also failed to prove that O.P No.2 is the authorized service centre for O.P No.3 & 4. The complainant has not produced any details regarding the complaint lodged or service availed by the complainant from the Authorized service centre.  The complainant has also not produced any evidence/proof regarding the manufacturing defect of the A.C.

ORDER

Basing on the facts and circumstances as stated above, the complainant has failed to prove the deficiency in service/unfair trade practice on the part of the O.Ps.  Hence the case is dismissed.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 17^th    day of August,2017 under the seal and signature of this Forum.

 

                                                                                                                                       (Sri B.N.Tripathy )

                                                                                                                                             Member.

 

                                                                                                                                           (   Sri D.C.Barik  )

                                                                                                                                           President.

                                                                                                                                              

                                                                                                                                            (Smt. Sarmistha Nath) 

                                                                                                                                           Member(W).