Tamil Nadu

North Chennai

CC/105/2016

T.Suresh Kumer - Complainant(s)

Versus

Ganapath Electronics ,shree Amaravathee Electonics India Pvt.ltd - Opp.Party(s)

M.Balasubramanian

27 Nov 2018

ORDER

                                                             Complaint presented on:  01.04.2016

                                                                Order pronounced on:  27.11.2018

 

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

THIRU. D.BABU VARADHARAJAN B.Sc.,B.L.,  :    MEMBER - I

 

TUESDAY THE  27^th  DAY OF NOVEMBER 2018

 

C.C.NO.105/2016

 

T.Sureshkumar,

S/o.C.Thankamony,

C-24, Venkatraman Salai,

Periyar Nagar,

Chennai – 600 082.

                                                                                     ….. Complainant

 

..Vs..

1.The Proprietor,

Ganpath Electronics,

Authorised Service Agent for

LG Electronics India Pvt. Ltd.,

New No.13, Old No.7,

Ramamurthy Colony Main Road,

T.V.K.Nagar, Chennai – 600 082.

 

2. The Proprietor,

Shree Amaravathee Electronics,

No.16, Redhills Road,(Given up on 30.01.2017)

•  

Chennai – 600 099.

 

 

 

 

3. LG Electronics India Pvt. Ltd.,

Regional Office,

No.Aa11, Fathima Towers,(Impleaded as per order dated

1.  

Anna Nagar, Chennai – 600 040.CMP.No.109/2017)

 

….Opposite Parties

Date of complaint                                 : 01.04.2016

Counsel for Complainant                      : M/s.M.Balasubramanian,

                                                                   B.Dhiyaneswaran & Vennitharan

 

Counsel for 1 & 3  opposite parties         : T.R.Kumaravel

 

Counsel for 2^nd opposite party                     : Dismissed (on 03.01.2017)

                                                                                as given up       

 

O R D E R

 

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 1^st opposite party is the Proprietor Concern Ganapath Electronics, Authorized Service Agent for LG Electronics India Pvt. Ltd., The 3^rd opposite party is LG Electronics India Pvt. Ltd., Regional Office. The complainant purchased on LG One Ton Split AC No. RAC/Split/Lsa-3cr-2A/2011 with Stabilizer from the 2^nd opposite party on 03.04.2011 under Bill No. 7013 at a cost of rs.20,000/- serial No.103 PAXL 01 3002 product Model No.L-crescent LSA 3- CRZA of 2011. From the very  beginning, the AC could not be used for gas leak. Immediately after installation on two three occasions Technicians attended. First fault attended on 04.11.2011 by M/s.Ganapath Electronics, Chennai- 600 082 the 1^st opposite party Vide Job No.RNA 110403037993. But the AC could not be got right. After   that three or four call for repair was made to M/s.Ganapath Electronics the 1^st opposite party. Every time some Technician will come and inspect the AC without undertaking any repairs and will inform that AC is alright . But the GAS Leak was a continuous process and after some time the AC stopped working. Then complainant reported the non-working condition of the AC through the toll free number of the LG company and being the authorized service agent, the 1^st opposite party attended the call for repair. They have charged Rs.570/- and taken the compressor for repair on 21.08.2015. But their Technician has returned the compressor on 25.08.2015 without doing  any repair work and informed that the compressor could not be repaired for want of suitable spare parts from the LG company and instructed to get new compressor. It all happened within the warranty period of compressor. The complainant requested the service agent the 1^st opposite party to arrange to replace the non-working compressor with a new one as per the condition of warranty and also sent a Registered Post Letter to the authorized dealer – the 2^nd opposite party. They have refused to receive the letter. After receipt of the letter employee of 1^st opposite party contacted over phone and informed that they will repair the compressor within 15 days. But no such effort has been taken by them as promised. One Mr.Srinivasan contacted over phone and informed that he is the Area Service Manager for LG., AC and that the AC would be repaired shortly. Another Area Service Manager Mr. Raghavendra has also contacted over phone and assured proper service. But no action has been taken. In the process the complainant suffered very heavy monetary loss by way of cost of Rs.20,000/- for the AC and other incidental expenditure by way of repairs etc., and also suffered mental agony and inconvenience caused by the non-working of the AC for a long period. Hence the service of the LG company committed the deficiency in service and proper compensation may be ordered for the monetary loss suffered in this matter and also the mental agony undergone by the complainant and his family comprising aged parents and a small child. The complainant estimates the loss of Air-conditioner service for the past  two years at Rs.1,00,000/-, Rs.25,000/- towards litigation expenses apart from payment of the value of Airconditioner at Rs.20,000/- in all Rs.1,45,000/-.

2. WRITTEN VERSION OF THE 1^st OPPOSITE PARTY ADOPTED BY 3^rd OPPOSITE PARTY  IN BRIEF:

          The complainant had  purchased 1-Ton Split AC bearing No.RAC/Split/LSA-3cr-2A/2011 from the 2^nd opposite party who is the retailer of LG Electronics India Pvt.Ltd.,. It was true that the said AC was installed at the house of the complainant way back in the year 2011 by the staff of the 1^st opposite party on 02.04.2011 and subsequently the complainant had informed to M/s.L.G Electronic that the AC has got some fault in the month of November 2011. Even the installation of the AC in April 2011 was done by the 1^st opposite party based on the instruction given LG Electronics which was represented by its Area Manager Mr.Srinivasan having office at AA-11 2^nd Avenue, Fathima Towers, Anna Nagar, Chennai- 600 040. Subsequently the complainant had confronted some fault in the said AC and again given complaint to LG Electronics at their office situated at No.07, Ramamurthy Colony Main Road, Thiru-vi-ka Nagar, Chennai-82. Based on the said complaint initiated by the complainant against LG. Electronics, the Area Manager had instructed the 1^st opposite party vide Job No.RNA 110403037993 to attend the fault reported by the complainant. Based on the said instruction given by LG Electronics represented by its Area Manager, the staff of the 1^st opposite party had attended the said fault on 04.11.2011 and the fault indicated by the complainant was rectified. The job call attended by the 1^st opposite party  either for installation or for rectifying the fault of any product of the LG Electronics, the service charges based on the said job number will be reimbursed to the 1^st opposite party by the Area Manager of LG Electronics India Pvt. Ltd., In other words the attending of service call is based on the instruction by the Area Manager of LG Electronics and not by the 2^nd opposite party by the complainant. This vital fact would reveal that the first opposite party  is in no way connected with this complaint preferred by the complainant before this Forum.  There is no Prima Faci privity of contract between the complainant and the 1^st opposite party. The 1^st opposite party who is the authorized agent of LG Electronics in doing the installation/service works based on the instructions of the Area Manager of LG Electronics, hence the liability cannot be fastened on this opposite party.

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?

04. POINT NO :1

          The purchased of LG One Ton Split AC No. RAC/Split/Lsa-3cr-2A/2011  with Stabilizer from the 2^nd opposite party  on 03.04.2011 under Bill No7013at a cost of Rs.20,000/- serial no103 PAXL 01 3002 Product  with Warranty Card  is Ex.A1 series,  and it was given for service to 1^st opposite party  are admitted facts. Ex.A3 is A/C installation report at the residential address of the Complainant by 1^st opposite party. The 1^st opposite party  is the authorized service Agent of  L.G. Electronics Pvt., Ltd. Third opposite party  is LG Electronics Pvt., Ltd. When the fault  of Gas Leakage was   reported to the 1^st opposite party  on 04.11.2011, it was attended  by  them. The complainant contends that the Gas leakage was a continuous process and A/C. Stopped working then. It was also attended   by 1^st opposite party   when the fault was reported to them.  Even then, the functioning of  A/C was not alright and it stopped working. After repeated  calls and reports, the Technician of 1^st  opposite party  had taken the Compressor for repair and returned informing that it could not be repaired due to non-availability of Spare-parts from L.G. Company. Though assurances through phone was given by the employee of the 1^st opposite party, no further action was taken even within the warranty  period.  Hence the claim for deficiency in service is filed by the complainant.                      

        05. The opposite parties resisted the complaint in their written version  replying  that the fault is not only the Compressor, but also the fault of Aluminum Condenser Coil  and the coil also needs replacement. But the condenser coil repair cannot be done due to the expiry of warranty period.  Even then, the 1^st opposite party  tried his level best to get the coil and could not get the spare parts. Hence Alternate suggestion was given to the complainant to replace the old A/C with new A/C for 15% reduction in price if he purchases the product from the same dealer or issue a cheque for 15% amount of purchase will be given. It was not accepted by the Complainant and the complaint is filed by creating concocted  story to grab huge money from the opposite parties.

             06. The Compressor was taken by the opposite parties  as per the complainant and returned  to the complainant informing  that the compressor could not be repaired for want of suitable spare parts, Whereas as per the version of 1^st & 3^rd opposite parties  the outdoor unit was taken by the opposite parties   and there was a fault in Aluminum  condenser  coil, which has to be replaced. No Document is filed on behalf of the opposite parties  to substantiate the version of the 1^st and 3^rd opposite parties. On the side of the  complainant the service receipt submitted as Ex.A3 is a relevant one. It is given by the opposite parties  to the complainant on receipt of service charges for repair and maintenance .Description of the item taken for service and the service to be done is not mentioned. It is the duty of the  opposite parties  to mention  the item taken for service and to record the complaints of the article taken, but opposite parties  has failed to do the same and also has not produced any documents to prove their contention of the fault  of the  condenser coil . The complainant has written to the 1^st opposite party  on 29.02.2016 in Ex.A6 letter and it was received by the 1^st opposite party  in Ex.A7 acknowledgement. There is no reply from the 1^st opposite party  denying the contents of the letter. The contents of the letter reveals only regarding the repair or to replace of the Compressor only, under such circumstances, this forum has to believe the contention of the complainant as true and  an acceptable one. The service requirement  of the Compressor is within the warranty period admittedly. It is also an admitted fact that area Managers of L.G. Electronics  have contacted the complainant and also  the 1^st opposite party  had attended and acted upon  the instructions of L.G. Electronics.  Therefore  this forum comes to the conclusion that the opposite parties  1 and 3 neither  cared to do   service  nor to replace  the compressor as requested by the complainant within the Warranty period. The 1^st opposite party  is the authorized service centre of 3^rd opposite party  and also admittedly the repair was undertaken by the 1^st opposite party  under the instructions of the 3^rd opposite party, both  were negligent and responsible for deficiency in service.  

07. POINT NO:2

          The complainant would have suffered  with his  family for want of proper functioning of A/C, hence  the complainant is to be compensated, it would also be appropriate to order Rs.50,000/ as compensation for the loss caused to the complainant and mental agony  besides a sum of Rs. 5,000/- for litigation expenses. Already the complaint against 2^nd opposite party was dismissed as given up by the complainant.

          In the result, the complaint is partly allowed.  The 1^st  & 3^rd opposite parties jointly or severally are ordered to pay a sum of  Rs. 50,000/-(Rupees  fifty thousand only)  as compensation for the loss and mental agony  caused to the complainant, besides a sum of Rs.5,000/-(Rupees five thousand only) towards litigation expenses. (The complaint against the 2^nd opposite party was dismissed on 03.01.2017 as given up by the complainant).

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 26^th  day of November 2018.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 03.04.2011                   Cash Receipt of the 2^nd opposite party with

                                                warranty Card

 

Ex.A2 dated 04.04.2011                   Installation report  given by the 1^st opposite party

 

Ex.A3 dated 21.08.2015                   AC taken for repair from the complainant’s House

                                                by the 1^st opposite party

 

Ex.A4 dated 20.02.2016                   Letter copy sent to the 2^nd opposite party

 

Ex.A5 dated 22.02.2016                   Returned cover from the 2^nd opposite party

 

Ex.A6 dated 29.02.2016                   Letter copy sent to the 1^st opposite party

 

Ex.A7 dated 01.03.2016                   Acknowledgement Card from the 1^st opposite party

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

 

                                                …… NIL ……

 

 

MEMBER – I                                                                PRESIDENT