Tamil Nadu

North Chennai

CC/38/2016

R.Yoganath - Complainant(s)

Versus

Ganapath Electronics L.G Electonics India Pvt.ltd - Opp.Party(s)

V.Ramesh kumar

04 Oct 2016

ORDER

 

 

                                                            Complaint presented on:  24.02.2016

                                                                Order pronounced on:  04.10.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

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

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

TUESDAY THE 04^th  DAY OF OCTOBER 2016

 

C.C.NO.38/2016

 

Mr.R.Yoganath,

S/o. Rajeswaran,

Old No.6 New No.9,

Subbiah Street: Periamet, Chennai.

                                                                                               ..... Complainant

 

..Vs..

	1.The Branch Manager, M/s. L.G.Electronics India Pvt. Ltd(LGEIL), No.AA-11 2nd Avenue : Fathima Tower, Anna Nagar West, Chennai – 40.   2. The Manager, Ganapath Electronics, L.G.Electronics India Pvt. Ltd., New No.13: Old No 7: Ramamurthy Colony Main Road, TVK Nagar, Chennai – 82.
	.....Opposite Parties

Date of complaint                                  22.03.2016

Counsel for Complainant                      : V.Ramesh Kumar

Counsel for opposite parties                    : Ex - parte

 

 

O R D E R

 

BY MEMBER  TMT.T.KALAIYARASI,  B.A.B.L.,       

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

1.THE COMPLAINT IS IN BRIEF:

          The Complainant has purchased a L.G split A.C 1.5 ton at Rathna Cools Pvt Ltd, T.Nagar, Chennai for a consideration of Rs.27,490/- including the cost of the stabilizer and also paid a sum of Rs.1,750/- towards installation charges. The said A.C was not working properly, since installation there was no cooling effect and several complaints were registered with the dealer. The said dealer arranged the 2^nd Opposite Party for repair, who is the authorized service agent of the 1^st Opposite Party. The 2^nd Opposite Party unable to rectify the same and he had also broken the frame of the A.C. Till date the 2^nd Opposite Party has not chosen to rectify the product and failure to rectify the same, the product produces unbearable noise. Hence the Complainant issued legal notice for compensation and for mental agony with cost of the Complaint.

          2. Though the Opposite Party received notice, he did not appear on 26.04.2016 and hence the Opposite Party called absent and set Ex-parte.

          3. The Complainant had filed his proof affidavit and his documents Ex.A1 to Ex.A7 were marked on the side of the Complainant.

          4. The Complainant had also come forward with written argument and oral argument of the Complainant was heard.

5. 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?

6. POINT NO :1

          The  case  of the Complainant is that he has purchased a L.G.A.C 1.5 Ton under Ex.A1 for a consideration of Rs.27,490/- on 02.01.2011 and the said product not worked properly, since installation and there was no cooling effect and hence he contacted the 1^st Opposite Party and the 1^st Opposite Party directed to contact the 2^nd Opposite Party who is he authorized agent and when the 2^nd Opposite Party attempted to rectify the product he had failed and therefore the Opposite Parties have  committed Deficiency in Service.

          7. The product was purchased on 02.01.2011 and installed on 16.01.2011. The Complainant alleged defects right from the date of installation that there was no cooling effect. However more than 4 years from the date of installation, no proof filed by the Complainant to show that the product became defective and he made Complaint to the 2nd opposite party. Ex.A3 dated 03.04.2015 retail invoice the proof only for payment of Rs.562/- for servicing the product. Ex.A4 dated 04.04.2015 is the proof for gas filling in the product.Ex.A5 dated 15.04.2015 invoice is the proof  for changing the cooling coil. Therefore, after purchase of the product after 4 years only on 15.04.2015, the Complainant changed the cooling coil. Therefore from the available documents it can be inferred that the Complainant used the product for more than 4 years without any defect or problem. The product warranty period is already over. The Complainant has not established or alleged specifically any defect in his Complaint and therefore we hold that the Opposite Party have not committed any Deficiency in Service.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 04^th  day of October 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated  02.01.2011              Cash Bill Ex.A2 dated  16.01.2011              Installation Charge Ex.A3 dated 03.04.2015               Retail Invoice Ex.A4 dated 04.04.2015               Retail Invoice Ex.A5 dated 15.04.2015               Retail Invoice   Ex.A6 dated 20.06.2015               Legal Notice Ex.A7 dated  NIL                         Proof of delivery

 

MEMBER – II                                                               PRESIDENT