DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FAZILKA.
Complaint No : CC/38/2024
Date of Institution: 18.03.2024
Date of Decision : 10.09.2024
Jasvinder Singh S/o Harbhajan Singh, R/o #1/2, Railway Road, Jalalabad, Tehsil Jalalabad, District Fazilka-Punjab, Mobile no.9501407757.
………..Complainant
Versus
- LG Electronics India Pvt. Ltd. C001, KP Tower, Sector 16B, Noida, Uttar Pradesh. Cont. 08069379999.
- RS Care World, Chahal Market, Opp Ajmer Palace, Malout Road, Tehsil & District Sri Muktsar Sahib, Mob. 95013-70093.
- Ambika Radios, Railway Bazaar, Jalalabad, Tehsil Jalalabad, District Fazilka (Pb) Mob.84277-60200, 98153-63168.
- Sukhmandar @ Laddi Sandhu (Technician), R/o village Alam Ke, Tehsil Jalalabad, District Fazilka-Mob.93563-99996 ......Opposite Parties
Complaint under section 35 of Consumer Protection Act, 2019.
Quorum: Sh.Vishal Arora, President.
Sh.Raghbir Singh Sukhija, Member.
Smt.Tajinder Kaur, Member.
Present: Sh.Amit Kakkar, Advocate, counsel for complainant.
Opposite Parties Exparte.
ORDER
(Vishal Arora, President):
Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against opposite parties for seeking directions to get repaired/replaced the LG LED of the complainant besides Rs.3,00,000/- as compensation for harassment along with litigation expenses to the tune of Rs.1,00,000/-.
2. Briefly stated, the case of complainant is that he purchased a LG LED bearing model no.49SM8100PTA & serial No.907PLLQ219128 on 30.10.2019 for a sum of Rs.61,500/- from opposite party No.3 i.e. Ambika Radios along with warranty period of three years. After expiry of warranty and replacement period on 30.10.2022, the complainant thought about getting the insurance of said LED because of the costly amount of the item. After few days, the complainant approached his vendor i.e. opposite party No.3 Ambika Radios for getting his LG LED insured who called opposite party No.4 at his shop and introduced complainant with opposite party No.4 for getting insurance of said LG LED. Complainant met with opposite party No.4 Sukhmandar and got the insurance/AMC bearing order No.933931157 and AMC No.AMC230330060285-01 dated 30.03.2023 for his LG LED for the period of one year for an amount of Rs.9912/- who assured that all type of repairing and other issues will be resolved by the company i.e. opposite party Nos.1 and 2. After approximately two months of getting the insurance/AMC, the complainant faced some issues/problem regarding the screen & panel of his LG LED and called opposite party no.1 helpline number and got registered his complaint. After that, the complainant also met with opposite party no.2 to 4 for solution of his complaint. On dated 03.07.2023, the complainant received message about his lodged complaint No.RNP230704081325 describing that problem of the complainant has been sent to opposite party No.2 i.e. R.S Care World. After that, agent of R.S Care World was sent at home of the complainant who got repaired the LG LED on same day but the complainant was not fully satisfied. The agent told the complainant that screen issue has been fixed but there is also an issue with the panel of this LG LED, but a panel is not available with him. Even then, he asked to give a happiness code message received on mobile of complainant but the complainant refused to give the same due to dissatisfaction of service by the agent/company. But the agent again and again requested the complainant that he will suffer a huge loss due to this dissatisfaction message from the complainant and for the mankind sake, the complainant gave happiness code to the agent/company. The complainant was not satisfied with the service provided, therefore, the complainant again raised a complaint for the service of screen and panel repair of LG LED. The complainant again received a message on 04.08.2024 bearing escalation no.VCP230804090184 and it was mentioned in the said message that team is working on the issue and we assure you a fast resolution of the same. Even after receiving the complaint registration, none of the opposite parties was sent to the complainant home for the service of said LED. After few days again, a message was sent to the complainant mentioning that request of complainant is cancelled. After that, the complainant again kept on raising complaints and also requested orally to all the opposite parties for the service and resolving of his issues. The complainant again received a message on 20.09.2023 saying that “Dear LG customer RNP230920063903 is given to Sukhmander Singh mobile no.90567-72208”. But even after this, problem of LG LED was not resolved by any of the opposite parties and none of his request has been resolved till date. After this, the complainant again received a message on 03.10.2023 that request of the complainant has been cancelled. The complainant kept requesting all the addresses on phone and even orally as well as raised complaints on the toll free number of the LG company for the service of his LG LED, but all in vain. Because of all this problems, the complainant is suffering lot of harassment and mental agony. Pleading deficiency in service and unfair trade practice on the part of opposite parties, the complainant has prayed for acceptance of the present complaint.
3. The counsel for complainant was heard with regard to admission of the complaint and vide order dated 05.04.2024, the complaint was admitted and notice was ordered to be issued to the opposite parties.
4. As per the office report, notice was sent to opposite parties through RC on 10.04.2024. The Registered cover sent to opposite party no.4 was received back with the report “Refused” and RC of opposite parties no.1 to 3 not received back. Case called several times during the day but none appeared on behalf of opposite parties and opposite parties were proceeded against exparte vide order dated 31.05.2024.
5. The complainant has tendered into evidence an affidavit Ex.C-1, Copies of, Aadhar card Ex.C-2, bill Ex.C-3, Screenshot of telephonic messages Ex.C-4, AMC/Insurance Ex.C-5, Notice Ex.C-6, postal receipts Ex.C-7, tracking reports Ex.C-8, Registered cover Ex.C-9 & A.D Ex.C-10 and closed the evidence. Since the opposite parties have not come present and chosen to remain ex-parte, as such the contentions and documents exhibited on record by the complainant have remained unrebutted and unchallenged.
6. We have heard the Ld. counsel for the complainant who has argued on the same lines as per pleadings. We have also very carefully gone through the documents placed on record by the complainant.
7. Perusal of the file reveals that LED in question was purchased by the complainant vide invoice Ex.C-3. After expiry of warranty period, the complainant got insurance/AMC (Annual Maintenance Charges) bearing order no.933931157 and AMC number AMC230330060285-01 dated 30.03.2023 for the period of one year from 30.3.2023 to 29.03.2024 by making payment of Rs.9912/- vide AMC detail chart Ex.C-5. Perusal of Ex.C-4 clearly goes on to prove that the complainant has lodged three complaints bearing RNP 230704081325 dated 04.07.2023 which was given to R S Care World i.e. opposite party No.2, Escalation No.VCP230804090184 dated 04.08.2023 and complaint bearing RNP230920063903 dated 20.09.2023 all during the insurance period. From Ex.C-4, it is quite clear that all these complaints of the complainant were cancelled on subsequent dates but in none of the SMS, it has been mentioned that the LED of complainant has been repaired to the satisfaction of complainant. So, it is apparent of the face of record that the opposite parties have charged a sum of Rs.9912/- as annual maintenance charge for the period of one year, but failed to give the required service to the complainant when the problem arose. Only the screen issue has been fixed but the issue with the panel of LG LED has not been resolved till date. So, the complainant is entitled to replacement of panel of LG LED from the opposite parties along with complete service/repair of LED to the satisfaction of the complainant alongwith suitable compensation and litigation expenses.
9. In view of what has been discussed above, the present complaint is allowed against the opposite parties who are directed to replace the panel of LG LED of the complainant and service/repair the same to the satisfaction of the complainant. Opposite parties are also directed to pay a sum of Rs.5000/- as compensation and Rs.3000/- as litigation expenses. The order is directed to be complied with within a period of 45 days from the date of receipt of certified copy of this order, failing which the opposite parties shall be liable to pay a sum of Rs.5000/- as additional compensation to the complainant. Copy of order be supplied to the parties free of costs under the rules. File be indexed and consigned to the record room.
ANNOUNCED IN THE OPEN COMMISSION:
10TH Day of September, 2024
(Vishal Arora)
President
(Raghbir Singh Sukhija)
Member
(Tajinder Kaur)
Member
