Haryana

Kurukshetra

CC/360/2020

Ramesh Kumar S/o Sh Prem Chand - Complainant(s)

Versus

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

Rajesh Kumar Kaushik

02 Mar 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KURUKSHETRA.

 

Complaint No.360 of 2020

Date of Instt.:5.10.2020

Date of Decision:02.03.2022.

 

Ramesh Kumar aged 50 years, son of Sh.Prem Chand resident of village Bhainsi Majra, P.O.Sarsa, Tehsil Pehowa, District Kurukshetra.

                                                                        …….Complainant.                                              Versus

 

1.L.G.Electronics India Private Limited, A Wing (3^rd Floor), D-3
District Centre Saket, New Delhi through its Managing Director.

 

2.L.G.Electronics, Neelkanthi Enterprises, shop No.1, Brahman Dharamsala, Railway Road, Kurukshetra through its officer in charge/Authorised Signatory.

 

3. Unique Solutions Service Centre, 1081, Uttam Nagar, near Post office, Sector 13, Kurukshetra through its officer in charge/Authorized Signatory.

 

                ….…Opposite parties.

 

                Complaint under Section  12 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Shri Issam Singh Sagwal, Member.

                   Ms.Neelam Member.

                 

Present:     Sh.Rajesh Kaushik Advocate for the complainant.

                 Sh.Shekhar Kapoor Advocate for the OP No1 &.3.

                 OPP No.2  ex parte

 

ORDER:.

                  

                 This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by Raman Kumar    against L.G. Electronics etc -the opposite parties.

2.             The brief facts of the present complaint are that the complainant purchased  one AC of LG Company  bearing  KS-Q18HNZD from OP No.2 for a total sum of Rs.43,500/- including CGST and SGST  @ 28% on 7.5.2019. The OP No.2 issued computer generated tax invoice.  After 3-4 months from the date of its purchase the AC became defective and some problems occurred like  cooling of AC in not good condition, upon which the complainant made complaint on toll free number of the company. Upon  receipt of the complaint Ops asked the complainant that the engineer will be deployed soon. It is further stated that no engineer came to check the AC  and after  waiting for some  time, the complainant again called the Ops and the Ops told that they have very less employees due to corona virus and they will very soon solve the problem.  It is  submitted that the complaint of the complainant is pending since April 2020  and the cooling problem is still in the AC and Ops have also admitted this fact. It is submitted that the complainant made several times since the month of April to till date as mentioned in para no.8 of the complaint but nothing has been done till today. However, OP No.2 visited himself at the home of the complainant and checked the AC but nothing has been done which amounts to deficiency in services on the part of the Ops. Thus, the complaint alleging deficiency in services on the part of the Ops has filed the present complaint and prayed that the Ops be directed to refund the cost of the AC to the complainant alongwith compensation for the mental harassment and agony caused to him and the litigation expenses.

 

3.             Upon notice, OP No.1 and 3 appeared and filed written statement disputing the claim of the complainant. Purchase of the AC by the answering Ops has been admitted.  It is denied that any defect occurred in the AC in question.  The complainant has put forwarded a false story to get his AC replaced with a new one and to grab money illegally from the Ops  It is submitted that a product is replaced only it is  not repairable and in the present case AC of the complainant is working perfectly. All other allegations made in the complaint have been denied specifically and it is submitted that there is no deficiency in services on the part of the Ops.

 

4.             The OP No.2 was duly served upon but OP No.2 failed to appear and contest the present case. Therefore, OP No.2 was proceeded against ex-parte vide order dated 2.12.2021.

 

5.             The complainant in support of his case has filed his affidavit Ex.CW1/A and tendered documents Ex.C-1 to Ex.C-10 and closed his evidence.

 

6.             The OP No.1 and 3 in support of their case have filed affidavit Ex.RW1/A and closed their evidence.

 

7.             We have heard the learned counsel for the complainant and OP NO.1 and 3 and have gone through the material available on the case file.

 

8.             The learned counsel for the complainant while reiterating the averments made in the complaint has argued that he purchased  one AC of LG Company  bearing  KS-Q18HNZD from OP No.2 for a total sum of Rs.43,500/- including CGST and SGST  @ 28% on 7.5.2019. The OP No.2 issued computer generated tax invoice.  After 3-4 months from the date of its purchase the AC became defective and some problems occurred like  cooling of AC in not good condition, upon which the complainant made complaint on toll free number of the company. It is argued that upon  receipt of the complaint Ops asked the complainant that the engineer will be deployed soon. It is further stated that no engineer came to check the AC  and after  waiting for some  time, the complainant again called the Ops and the Ops told that they have very less employees due to corona virus and they will very soon solve the problem.  It is  argued  that the complaint of the complainant is pending since April 2020  and the cooling problem is still in the AC and Ops have also admitted this fact. It is submitted that the complainant made several times since the month of April to till date as mentioned in para no.8 of the complaint but nothing has been done till today. However, OP No.2 visited himself at the home of the complainant and checked the AC but nothing has been done which amounts to deficiency in services on the part of the Ops.

 

9.             On the other hand, learned counsel for the OP No.1 and 3 while reiterating the submissions made in the written statement has argued that the complainant had purchased the AC in question.  It is argued that no defect occurred in the AC in question.  The complainant has put forwarded a false story to get his AC replaced with a new one and to grab money illegally from the Ops  It is further argued that  a product is replaced only it is  not repairable and in the present case AC of the complainant is working perfectly. All other allegations made in the complaint have been denied specifically and it is submitted that there is no deficiency in services on the part of the Ops.

 

10.            After hearing the learned counsel for the parties, we are of the view that there is deficiency in services on the part of the Ops.  The complainant has specifically mentioned the complaint numbers made by him in the para no.8 of the complaint but the OP_ No.1 And 2 has replied that no complaint has been made. The Ops have not mentioned as to on what date the complaint has been redressed. The Ops have evasively denied the allegations of the complainant and evasive denial amounts to admission. Therefore, it is presumed that the Ops have not denied the making of complaints made by the complaint. Therefore, the complainant is entitled to replacement of the AC in question with a new one of the same cost. Thus, deficiency in services on the part of the Ops is made out and the present complaint is liable to be accepted.

 

11.            In view of our above mentioned findings and reasons, we accept the present complaint and direct the Ops to replace the AC of the complainant with a new one of the same cost.  The complainant shall hand over the old AC to the Ops on receipt of the new AC. The new AC would carry extended warranty of one year from the date of delivery of new AC to the complainant. The Ops are further directed to make the compliance of this order within a period of 30 days from the date of receipt of the copy of this order, failing which the complainant shall be entitled to initiate proceedings u/s 25/27 of the Consumer Protection Act. Certified copies of this order be supplied to the parties concerned and the file be consigned to the record room after due compliance.

 

Announced in the open Commission.

Dated: 2.03.2022.                                                       President.

 

 

                                        Member             Member.