Tamil Nadu

North Chennai

CC/40/2018

Mrs.Santhi Mohan - Complainant(s)

Versus

Chief Exective office L.G.Electronics India P Ltd - Opp.Party(s)

Mr.R.Ramani, R.Naraynan

31 Jan 2020

ORDER

 

                                                            Complaint presented on:  02.02.2018

                                                               Order pronounced on: 31.01.2020

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL -  PRESIDENT

 

TMT.P.V.JEYANTHI B.A., MEMBER - I

 

FRIDAY  THE 31^st   DAY OF JANUARY  2020

 

C.C.NO.40/2018

 

Mrs.Santhi Mohan,

No:6, Sun Apartment,

F-2, First Floor,

Mandapam Road,

Kilpauk, Chennai – 600 010.

                                                                                     …..Complainant

 ..Vs..

1.Chief Executive Officer,

L.G.Electronics India (P) Ltd.,

A.Wing (3^rd Floor),

Deficiency-3-District Centre Saket,

New Delhi – 110 017.

 

2.The Manager,

S.C.Shah & Co (P) Ltd.,

No.:238/1, Kilpauk Garden Road,

Kilpauk, Chennai – 600 010.

 

3. The Manager,

L.G.Service Centre,

No:42, S.Park Street,

Venkatapuram, Ambattur,

Chennai – 600 053.

 

.....Opposite Parties

 

Counsel for Complainant                           : Mr.R.Ramani & R.Narayanan

 

Counsel for 1^st & 3^rd opposite parties           : Mr.T.R.Kumaravel

 

Counsel for 2^nd opposite party                      : Ex – parte (26.09.2018)

 

 

ORDER

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant purchased the product LG-GC-M247UGLN, Refrigerator on 15^th June 2017 from the dealer S.C.Shah & Co, Kilpauk, Chennai – 600 010 and states that from the very first week of the purchase of the refriegerator the customer was receiving bad smell  and odour inside the fridge and noticed hundred insects coming form the fridge. The complainant has contacted the dealer M/s. S.C.Shah & company, the party of the second part and informed  about the problems.  The second opposite party has assured the complainant that they will replace the fridge as soon as possible. They have only wasted 2 months and nothing has happened.  After 2 months without giving any proper solution they informed the complainant that it was the manufacturing defect.  The complainant continuously called on the opposite parties representative and the L.G.Service Centre to solve the problem.  But no action has been taken. The complainant submits that during their inspection, they poorly handled the fridge and nearly damaged most of the parts and they  only carried out the experiments in the fridge to rectify the system. But they have failed totally and dismantled the inner parts of the fridge, freezer top and back portions of fridge and did not fix the fridge and damaged the fridge. The complainant further says that one of the service representative broke and damaged the inner side first compartment lid by pushing it hand. Because of their fault services in rectifying the fridge, the entire system got damaged and now the fridge is not in use. The complainant submits that she has sent 3 e-mails to the L.G. Customer Care service explaining the issue and to take appropriate measures. But they convinced the complainant  to retain the damaged fridge and their intention is only to cheat the customer after taking a huge amount of Rs.97,009/-. Hence this complaint.

2.WRITTEN VERSION OF THE 1^st & 3^rd OPPOSITE PARTIES IN BRIEF:

          The complainant had  purchased the Refrigerator LG-GC-M247UGLN on 15^th June 2017 from the 2^nd opposite party. The complainant had stated in her plaint that from the first week of  purchase of the said refrigerator she was getting bad smell  and hundreds  of insects were coming out of the refrigerator. The insects which were coming out of the fridge may be due to the poor maintenance of their house and the fridge.  Bad smell from the fridge should be only due to the poor maintenance of the fridge by the complainant. The complainant gave the complaint and the service engineer also went to the complainant’s house and inspected the said fridge but the fridge seems to be in good condition and they could not find any defect in the fridge. Our service engineer had clearly explained the complainant on how to handle  and  maintain the fridge properly. The opposite party did not give any false statement or assurance to the complainant and there is no need for them to cheat the complainant. The complaint is liable to be dismissed with cost.

 

 

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

The complainant  has purchased the product LG-GC-M247UGLN, refrigerator on 15.06.2017 from the dealer, the 2^nd opposite party  under Ex.A2. The complainant contends that  from the very first week of purchase bad odour emanated from the refrigerator and hundreds of insects came out of the refrigerator continuously and daily for which the complainant  reported  to  the opposite parties  to rectify the matter and the 2^nd opposite party  had assured  to replace the refrigerator and also to solve the problem but thereafter  opposite parties  have not cared  to rectify the defect.  Hence the complaint.

  05. E-mail correspondence between the parties are in Ex.A1. 1^st & 3^rd opposite parties  denied the allegations of the complainant  and contends that the complaints of the complainant is due to poor maintenance of their house and fridge and have filed Ex.B1 to Ex.B7. Ex.B2 to Ex.B5 is the job sheet for their visit to complainant’s residence where there is no signature of the complainant  is  found and it is also stated as  complainant  refused to sign and in the rest of the job sheets essential columns are not filled up by the service personnel to prove their rectification over the defects thoroughly. Both sides have submitted the photographs which have no significance to prove the bad odour and insects coming out of the refrigerator. Admittedly the alleged defect mentioned by the complainant is within warranty period. However it is confirmed from the visit of the technicians to repair the refrigerator signified that there was a repair. It is also stated by the complainant in the  complaint that the refrigerator is dismantled  and the inner parts and the doors are not fixed properly and it is not in use.  No proof is filed by the opposite parties  to show that the defect  is satisfactorily rectified  and the job sheet filed by the 1^st opposite party and Ex.B3 to Ex.B5 do not bear the signature of the complainant to admit the rectification done by   1^st & 3^rd opposite parties  are complete. The product was purchased on  15.06.2017 and the e-mail complaint was given on 12.10 .2017 i.e. within 4 months period of purchase. As per the warranty terms in Ex.B7 (page No.9)  one year warranty on all parts is permitted. Since there is no specific part is assigned by the mechanic specifically for the defects complained by the complainant  and it is also dismantled as shown in the photographs exhibited by the complainant.  The  2^nd opposite party  had not appeared before this forum to answer the complaint  but sold a defective product to the complainant  and the complainant has proved his case. Hence this forum is of the view that the refrigerator requires replacement or else the price of the refrigerator  is to be  refunded to the complainant  and  the opposite parties are  held liable for their deficiency in service and  point no.1 is answered accordingly.

06. POINT NO.2:

As discussed in point No.1, opposite parties are held liable for their deficiency in service  and even though  the complainant’s alleged ailment is not substantiated,  generally complainant would have  undergone mental agony  due to the supply of  defective refrigerator and its miserable  condition is accepted for which opposite parties  are held responsible.  Therefore the opposite parties are directed to refund the purchase price of the refrigerator for Rs.97,350/- to the complainant. Simultaneously   the complainant also should handover the LG Refrigerator to the opposite parties  and further the opposite parties  also to pay  a  sum of  Rs.40,000/- as compensation for mental agony besides a sum  of Rs.5,000/- for cost.

In the result, the complaint is partly allowed. The opposite parties jointly or severally  are  ordered to refund a sum of Rs.97,350/- (Rupees ninety seven thousand three hundred and fifty only) towards the cost of the product to the complainant and simultaneously the complainant also should handover the LG Refrigerator to the opposite parties and further the opposite parties also to pay a sum of Rs.40,000 /-(Rupees forty thousand only) towards compensation for mental agony, besides a sum of Rs.5,000/- (Rupees five thousand only) for costs.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of the payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 31^st  day of January 2020.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 06.01.2018                   E-mail complaints 7 pages

Ex.A2 dated 15.06.2017                   S.C.Shah & Co. (P) Ltd., Purchase Bill

Ex.A3 dated 16.11.2017                   DVD 2 Nos

LIST OF DOCUMENTS FILED BY THE 1^st & 3^rd OPPOSITE PARTIES:

 

Ex.B1 dated 15.05.2017                   Tax Invoice

 

Ex.B2 dated 15.06.2017                   Job Sheet

 

Ex.B3 dated 17.11.2017                   Job Sheet

 

Ex.B4 dated 22.11.2017                   Job Sheet

 

Ex.B5 dated 02.12.2017                   Job Sheet

 

Ex.B6 dated NIL                      Photos

 

Ex.B7 dated NIL                      Owner’s Manual                               

 

 

MEMBER – I                                                               PRESIDENT