Date of Filing : 17.04.2023
Date of Disposal: 05.02.2024
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
THIRUVALLUR
BEFORE TMT. Dr.S.M. LATHA MAHESWARI, MA. ML, Ph.D (Law), …….PRESIDENT
THIRU.P.VINODH KUMAR, B.Sc., BL, ……MEMBER-I
THIRU.P.MURUGAN, M.Com, ICWA(Inter)., BL., ……MEMBER-II
EA.No.16/2023 in CC.No.23/2021
THIS MONDAY, THE 05thDAY OF FEBRUARY 2024
Mr.Rohit Kumar Thakur,
S/o.Late Naresh Mohan Thakur,
No.10, Hawa Nagar, Mittnamalli,
IAF, Avadi, Chennai 600 055. ......Decree Holder/Complainant.
//Vs//
1.LG Electronics India Limited,
A-24/6, Mohan Cooperative Industrial Estate,
Mathura Road, New Delhi – 110044.
2.Reliance Retail Limited,
Flat No.41 & 42, CTH Road,
Ambattur, Chennai 600 053. .…..Judgment Debtors/Opposite Parties.
Counsel for the Petitioner/DH : Party in person.
Counsel for the 1st JD/1st OP : M/s.T.R.Kumaravel, Advocate.
Counsel for the 2nd JD/2nd Op : Mrs.P.Nilomy, Advocate.
ORDER
PRONOUNCED BY Tmt.Dr.S.M. LATHA MAHESWARI, PRESIDENT
1. This Execution Application has been filed by the petitioner/Decree Holder against the judgment debtors/opposite parties for compliance of the order in CC.No.23/2021 dated 30.12.2022 failing which to issue warrant against the judgment debtors under section 72(1) of Consumer Protection Act 2019.
2. The 1st Judgment Debtor in compliance of the order had paid Rs.30,000/- to the complainant/Decree Holder which was duly acknowledged by him. Now the issue is with regard to prayer granted under clause (a) of the order dated 30.12.2022 as follows;
a)to rectify the defects found in the LG(SPLIT) AC, Model No.KS-018GWZD 1.5 ton within four weeks from the date of receipt of copy of this order or in alternative to refund the cost of the AC Rs.46,500/- (Rupees forty six thousand five hundred only) within two weeks thereafter.”
Therefore, as per the said clause the judgment debtors should rectify the defects within four weeks or they should pay the cost of AC within two weeks thereafter.
3. Now the dispute revolves around non rectification of defects. On 28.11.2023 1st judgment debtor filed a memo stating that they were ready to rectify the defects, but the complainant did not allow them to do so. Hence we posted the matter for settlement to be arrived between the parties.
4. Today 1st judgment debtor filed a document to show that they have issued a notice dated 27.04.2023 to the complainant that their Engineers visited on 01.02.2023, 10.02.2023, 02.03.2023 and 23.03.2023 but the door was found locked and hence they could not rectify the defects.
5. Heard both sides. We could see that only once i.e., on 01.02.2023 the 1st judgment debtor’s Engineers have visited within the four weeks period as provided in the order dated 30.12.2022. Further, in the earlier memo dated 28.11.2023, it was stated that they were ready to rectify but the complainant is not allowing them.
6. Now 1st judgment debtor has come up with a different version that when their Engineers went, the door was locked. There is no evidence that the 1st judgment debtor’s engineers contacted the complainant on seeing the door locked. Therefore, we could not believe the version of the 1st judgment debtor. In such circumstances we direct the judgment debtors to refund the cost of AC Rs.46,500/- with 6% interest from the date of complaint till realization in accordance with clause (d) of the order dated 30.12.2022.
In the result the Execution Application is ordered directing judgment debtors 1 & 2
To repay the cost of AC Rs.46,500/- with 6% interest from the date of complaint till realization within two weeks from the date of receipt of copy of this order, failing which warrant of arrest will be issued against both judgment debtors 1 & 2. The complainant is directed to return the AC on receipt of the money.
Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 05th day of February 2024.
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MEMBER-II MEMBER-I PRESIDENT
