BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SHRI. P. SUDHIR                                :         PRESIDENT

SMT. SATHI. R                                   :         MEMBER

SMT. LIJU B. NAIR                            :         MEMBER

                                              C.C.No: 471/2013     Filed on 06/11/2013

                                            Dated: 16..05..2017

Complainant:

Baby Gomez, s/o Mr. Antony Gomez, ‘Emmaus’, BP IX/450, Azhippil Mele, Anthiyoor, Balaramapuram-P.O., Thiruvananthapuram.

                    (By Adv. Dougles Linsby N.R)

Opposite parties:

1. The Manager, L G Electronics India Pvt. Ltd., A-27, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi – 110 044.

2. The Manager, L G Electronics India Pvt. Ltd, A Wing (3^rd Floor) D3, District Centre Saket, New Delhi – 110 017.

3. The Manager, L G Electronics India Pvt. Ltd., Sky Service, TC. 25/3257(5), Uppalam Road, Opposite to PRS Court Apartment, Pulimood, Thiruvananthapuram – 695 001.

This C.C having been heard on 14..03..2017, the Forum on 16..05..2017  delivered the following:

ORDER

SHRI. P. SUDHIR, PRESIDENT:

          Gist of the complainant’s case is that he purchased a Microwave Oven from the 2^nd opposite party. The 1^st opposite party is the manufacturer and the 3^rd opposite party is the service provider recognised by the 1^st & 2^nd opposite parties. At the time of purchase of the Microwave Oven, the 2^nd opposite party has assured the complainant that the 3^rd opposite party will provide all the necessary services as and when required to the product purchased. It is also assured that the services during the warranty period will be free service and the services after the warranty period will be paid service. Since the said Microwave Oven has suffered some defects, it became useless and hence the complainant constrained to seek the service from the opposite parties to the product by complaint on the defects through the Toll Free number ie: 180018099999.  The 1^st opposite party deputed the 3^rd opposite party to rectify the defects and thereby the mechanic came from the office of 3^rd opposite party repaired and serviced the defects of the product on 21/01/2012 and the complainant paid for the same as demanded by the 3^rd opposite party. Even after the repairing of the product by the expert mechanic from the 3^rd opposite party, the defects of the Microwave Oven were not rectified and the product was not useful to the complainant. Therefore, the complainant again complained the matter to the 1^st opposite party by way of Toll free number and again mechanic from the 3^rd opposite party attended the machine and informed that one of the parts of the Oven is not available for repairing the machine. He also informed to the complainant that it will take one week time to get the spare part and hence he asked the complainant to wait for one week to rectify the defects. Even after the elapse of the promised one week, any of the opposite parties not turned up towards the matter. Therefore, the complainant again complained the issue through the Toll free number on 02/05/2012 (RNA 12050299348), but no mechanic was deputed by any of the opposite parties. Thereafter, the complainant frequently registered the complaints through the toll free number  and finally on 04/06/2012. But nobody considered those complaints even though the complainant was given numbers of that respective complaint and complainant approached this Forum with a prayer directing the opposite parties to rectify the defects of the Microwave Oven of the complainant and for compensation.

2. Notice sent to opposite parties. Opposite parties 1 & 3 not filed version and set exparte. 2^nd opposite party accepted notice and not turned up and set exparte.

          3. Issues:

          (i) Whether there is deficiency of service on the part of opposite parties?

(ii) Whether the complainant is entitled for the relief sought for?

          4. Issues (i) & (ii):   Complainant filed chief examination affidavit and Exts. P1 to P3 marked. Since there is no contra evidence to look into, we have no other option but to proceed with the evidence in hand. We are of the opinion that opposite parties are directed to repair the Microwave Oven on payment within 15 days from the receipt of this order. If opposite parties failed to repair the Microwave Oven opposite parties are directed to pay Rs. 5,000/- as compensation to the complainant. Apart from the above opposite parties are directed to pay the cost of Rs. 2000/-.

          In the result, complaint is allowed. Opposite parties are directed to repair the Microwave Oven on payment within 15 days from the receipt of this order, failing which opposite parties jointly and severally directed to pay compensation of Rs. 5,000/- to the complainant. Apart from the above opposite parties are jointly and severally liable to pay cost of Rs. 2000/- within one month from the date of receipt of this order.

           A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 16^th day of May, 2017

                    Sd/-P. SUDHIR             :         PRESIDENT

                               Sd/-R. SATHI                 :         MEMBER

  Ad.                        Sd/-LIJU B. NAIR          :         MEMBER

C.C. No: 471/2013

APPENDIX

  I.  Complainant’s witness                  :           N I L

II.  Complainant’s documents:

            P1        :  Copy of retail invoice dated 21/01/2012 of LG Electronics India Pvt. Ltd

            P2        :  Copy of Advocate notice dated 25/3/2013 to opposite parties

         P3        :  Postal receipts

III. Opposite parties’ witness              :           N I L

 IV. Opposite parties’ documents        :           N I L

Sd/-PRESIDENT

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