West Bengal

Paschim Midnapore

CC/161/2012

Mrs. Kiran Kumari Mishra - Complainant(s)

Versus

Director, LG-Electronics India Pvt. Ltd - Opp.Party(s)

31 Jan 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.161/2012                                                        Date of disposal: 31 /01/2014                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

    For the Complainant/Petitioner/Plaintiff : Mr. C. R. Sinha. Advocate.

    For the Defendant/O.P.S.                           :  

          

1) Mrs. Kiran Kumari Mishra W/o-Uday Kumar Mishra, (2) Uday Kumar Mishra S/o-Late Purushottam Nath Mishra, Rly. Qtr. No.501-E, Unit-4, South Side, Kharagpur, Dist Paschim Medinipur… …………Complainants.

                                                              Vs.

1. Director, LG-Electronics India Pvt. Ltd. Plot No.51, P.S.Surajpur Kasna Rd. Greator Nodie Pin 201306, Uttar Pradesh
2.  Das Electronics, P.O. Inda, P.S. Kharagpur, Dist Paschim Medinipur…………Ops.                                                    

                  

                  Complainant is present. Today is fixed for exparte hearing. Hd. the Ld. Advocate and perused the documents. On the point of service of notice it appears that the Op even after receipt of notice in due time has not appeared in this case. In view of the present circumstance and the material on record there are no options but to hear and dispose of the Case exparte. Accordingly, the case is heard and considered.

               The case of the complainant in short is  that he purchased one LG-26 Liter Microwave Oven at the cost of 12,500/- on 20/02/2006 from the Op. no.2 who is the dealer of Op. no.1.

              That the Op. no.1 launched a scheme named as Happy Living Plan. The said offer was meant for maintenance of the above Microwave Oven. The complainant accepted the offers by depositing cash of 827.25/- with proper receipt.

             On 07/03/2012 the complainant registered a complain mentioning problem of the functioning control of the machine. After receiving the complain Op. no.1 sent a Service Engineer for it’s repairing purpose.  He took the power supply system and front panel for repairing and did not return.

Contd…………….P/2

 

 

 

 

- ( 2 ) -  

              The complainant tried to seek service in several time as per their contract ‘Happy Living Plan and lodge a written complain before the Op. no.1. Op. no.1 finally refused to return the power supply system and front panel.

            Upon careful scrutiny of this record, it is found that the complainant filed copy of letter by Uday Kumar Mishra to Customer Service. Copy of benefits of LG, ‘Happy Living promise copy of happy living plan, copy of challen cum bill copy of postal receipt, copy of booking sheet of India Post.

           In view of the case of the both parties it is crystal clear that the Op. avoids discharging their maintenance liability. More over the Ops.  refused to return the Microwave machine of power system & panel which they have taken away.

          Under the given facts and circumstance this is a fit case the allegation of deficiency of service against the Op and accordingly we have held and decided that the Op is guilty of deficiency of service.  As a result, the complainant will be merited for compensation of 12,500/- (Twelve thousand five hundred) only and litigation and harassment  cost of 5,000/- (Five thousand) only payable by the Op within 30 days.       

                     Hence,

                                 It is ordered,

                                                      that the complaint case be and the same is allowed exparte. The complainant do get the compensation of 12,500/- (Twelve thousand five hundred) only  and litigation cost of 5,000/- (Five thousand) only payable by the Op.

              The Op. LG-Electronics India Pvt. Ltd. is hereby directed to pay the compensation of. 12,500/- (Twelve thousand five hundred) only and litigation cost of 5,000/- (Five thousand) only in favour of the complainant within 30 days from the date of this order, in default, the complainant is at liberty to proceed with the matter before the Forum in accordance with the provisions of  law in this behalf.

             Copy or order be supplied free of cost.

Dic. & Corrected by me

              

        Member                                             Member                                                   President

                                                                                                                               District Forum

                                                                                                                           Paschim Medinipur.