Delhi

East Delhi

CC/238/2017

SALIM - Complainant(s)

Versus

L.G. ELE. - Opp.Party(s)

21 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 238/17

 

Shri Salim

S/o Shri Kamruddin

R/o D-561, West Vinod Nagar

Delhi – 110 092                                                          ….Complainant

Vs.    

 

1. M/s. L.G. Electronics India Pvt. Ltd.

Through its Manager/Director/AR

Regd. Off.: D-3, 3^rd Floor

District Centre, A Wing

Saket, New Delhi – 110 017      

 

2. Tiwari Electronics

Through its AR

D-594, West Vinod Nagar

Delhi – 110 092                                                              …Opponents

 

 

Date of Institution: 22.06.2017

Judgement Reserved on: 21.05.2019

Judgement Passed on: 27.05.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

            This complaint has been filed by Shri Salim against M/s. LG Electronics India Pvt. Ltd. (OP-1) and M/s. Tiwari Electronics (OP-2) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that the complainant purchased a fridge (270 ltr.) from M/s. Tiwari Electronics (OP-2) for an amount of Rs. 20,600/- vide invoice no. 1364 dated 24.06.2016. 

            It was stated that from the first day, the fridge was not functioning properly for which the complainant lodged the following complaints, but the problem was not solved till date:

S.No.	Date	Complaint no.
	12.07.16	1607126925
	19.07.16	1607190687
	01.08.16	16080125912
	16.09.16	160916048950
	23.09.16	160923074981
	10.10.16	160010087206
	19.11.16	161119009088
	26.10.16	161026032164
	17.04.17	170417021946
	25.04.17	170425064928
	28.04.17	170428085829
	03.05.17	170503091535
	16.05.17	170516090697
	26.05.17	170526073089

 

The complainant has sent a legal notice dated 14.06.2017 to both OPs, but it was neither replied nor complied.  Hence, the complainant has prayed for directions to OPs to replace the fridge in question or return the cost of fridge; compensation of Rs. 50,000/- on account of harassment, mental agony and loss of business alongwith interest @ 12% and             Rs. 21,000/- towards litigation charges. 

3.         In reply filed on behalf of OP-1, they have taken various pleas such as there was no defect in the fridge in question.  The fridge was examined by their service engineer at various occasions and no defect of any kind was reported.  Other facts have also been denied.

AR of OP-2 appeared, but did not file the WS and stopped appearing.  Hence, they were proceeded ex-parte.

4.         In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been  stated in the complaint.  He has also got exhibited documents such as copy of legal notice alongwith receipt (Ex.CW-1/A), copy of invoice no. 1364 dated 24.06.2016 (Ex.CW-1/B) and copy of aadhar card of complainant (Ex.CW-1/C).  

            In defence, OP-1 have examined Shri Ajayan G, AR of OP-1, who have also deposed on affidavit.   He has also narrated the facts which have been stated in the WS.  He has got exhibited copy of job sheets (Ex.R/W-1) (colly).    

6.         We have heard Ld. Counsel for the complainant, Ld. Counsel for OP-1 and have perused the material placed on record.  It has been argued on behalf of complainant that the fridge in question was not functioning properly from the very beginning and a number of complaints were made, but the problem was not solved. 

            On the other hand, Ld. Counsel for OP-1 have stated that they have attended the complaints and the defects were rectified from time to time.  We have perused the testimony of both the parties and the documents placed on record.  In the testimony of the complainant, the complainant have stated that he has made a number of complainants, but no document has been put on record in respect of the said complaints.  

            On the contrary, M/s. LG. Electronics India Pvt. Ltd. (OP-1) have placed on record the job sheets through which the defect in the fridge was rectified.  From these job sheets, it is evident that OP-1 have attended the complaints of the complainant and have rectified the defects from time to time.  When they have rectified the defects from time to time, as is evident from the job sheets, there cannot be said to be any deficiency on the part of OP.  That being so, the complaint of the complainant deserves its dismissal and the same is dismissed.  There is no order as to cost.    

Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

 

 

(HARPREET KAUR CHARYA)                                          (SUKHDEV SINGH)

              Member                                                                          President