Karnataka

Bangalore 4th Additional

CC/59/2019

Smt.Harsimrat Virk, - Complainant(s)

Versus

LG Electronics India Private Limited, - Opp.Party(s)

Shri.E.V.Ramana

30 Aug 2019

ORDER

Complaint Filed on:14.01.2019

Disposed On:30.08.2019

                                                                          

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

 

 

 

 

 

 

 

                DATED THIS THE 30^th AUGUST OF 2019

 

PRESENT

SMT.PRATHIBHA. R.K., BAL, LLM - PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

                          

                      

Complaint No.59/2019

 

 

 

COMPLAINANT

Smt.Harsimrat Virk, W/o Navdeep Virk, Aged about 36 years, Flat #411, PALM SJR PARK VISTA, Off Sarjapur, Haralur Road, Bangalore – 560 102.   Advocate - Sri.E.V Ramana.     V/s

OPPOSITE PARTIES

1) LG Electronics India Private Limited., Tower D, 11th Floor, 4/1, Bannerghatta Main Road, Bhavani Nagar, Suddagunte Palya, Bangalore – 560 029.   Represented by its Manager.   2) LG Electronics India Private Limited., A Wing (3rd Floor) D-3, District Centre Saket, New Delhi – 110 017.   Represented by its Manager.   3) Protail, Sy. # 23, Ambalipura, Haralur Road, Off Sarjapur Main Road, Near H.P Petrol Bunk, Bangalore – 560 102.   Represented by Proprietor.   4) Managing Director, LG Electronics India Private Limited., Plot No.51, Udyog Vihar, Surajpur Kasna Road, Greater Noida, Uttara Pradesh – 201 306.   Advocate for OPs.1 & 2 – Sri.Rajesh A.

 

ORDER

 

 

SMT.PRATHIBHA. R.K., PRESIDENT

 

 

     This complaint is filed by the Complainant against the Opposite parties (herein after called as OPs), under section 12 of the Consumer Protection Act, 1986. The Complainant prays to direct the OPs to refund Rs.43,490/- the actual cost of the product with interest at 18% p.a from the date of purchase, to pay compensation of Rs.5,00,000/- for supplying defective product and deficiency in service and grant such other reliefs.

 

2. The brief facts of the complaint is as under:

 

The Complainant has purchased a Dish Washer on 06.07.2018 from OP-3 vide invoice No.R18BAN1238-658 by paying Rs.43,490/-.  The said machine was delivered on 06.07.2018 by the complainant premises by way of OP-2 and the technician of OPs have installed above said Dish Washer on 10.07.2018.

 

The complainant submitted that the above said Dish Washer was not cleaning utensils properly (white stain on the utensils).  Hence complainant complained about the said fact to the OPs.  The OPs technician visited the complainant’s place and he is unable to find a solution to the above said problem.  The technician of OP told the complainant that there are multiple manufacturing defects in the product.

 

The complainant further submitted that the complainant was unable to use the product and has been lying idle.  In this regard the complainant wrote several mails and telephone to the OPs.  OPs have not respond to the complainant request properly.  Hence the complainant last faith on OPs.  Hence complainant requested the OPs to replace the machine.  The OPs have not replaced.  Hence the complainant no other alternative issued legal notice on 17.09.2018 calling upon the OPs to refund Rs.43,490/- along with interest @ 18% p.a from the date of purchase.  OPs neither replied the notice nor refunded the amount.  Hence the complainant filed this complaint.

 

3. After registration of the complaint, notices were issued to OPs.  One Sri.Rajesh A, Advocate appeared on behalf OPs.1 & 2 and filed vakalath.  Inspite of service of notice, OPs.3 & 4 remained absent without sufficient reason and cause.  Hence OPs.3 & 4 called out as absent and have been placed exparte.

 

4. In the course of enquiry into the complaint, the Complainant has filed affidavit evidence reproducing what he has stated in his complaint.  The Complainant has produced documents along with complaint.  We have heard the arguments of the Complainant side and we have gone through the oral and documentary evidence of the Complainant scrupulously. 

 

5. Based on the above materials, the following points arise for our consideration;  

 

1. Whether the Complainant has proved that there is deficiency in service on the part of the OPs, if so, whether he is entitled for the relief sought for?

 

2.  What order?

 

6. Our findings on the above points are as under:

 

Point No.1:  Partly in the affirmative

                 Point No.2:  As per the order below

 

REASONS

 

7. Point No.1: It is an admitted fact that the Complainant had purchased a Dish Washer from OP-3 on 06.07.2018 vide invoice No.R18BAN1238-658 by paying Rs.43,490/-.  The contention of the complainant is that the above said Dish Washer was not working properly.  Hence the complainant complained about the said facts but the OPs neither rectified the problems nor replaced the Dish Washer.   

 

8. Though notices have been duly served on OPs, only OPs.1 & 2 appeared through their counsel and filed vakalath but they did not choose to file their version.  During the pendency of the complaint the said OPs.1 & 2 filed memo dated 05.08.2019 along with DD for Rs.43,490/-.  The said memo reads here as under:

 

“As per the settlement taken place between the Complainant and Opposite Parties, the opposite parties are handing over the Demand Draft bearing no.032936, dated 25.07.2019, drawn on City Bank, for sum of Rs.43,490/- (Rupees Forty Three Thousand Four Hundred Ninety Only) in favour of complainant, hence this Hon’ble Forum may be pleased to direct the complainant to hand over the product i.e. Dish Washer involved in the above said complaint to the opposite parties, in the ends of justice and equity”.

 

9. The complainant objected the above said memo.  That the OPs have deposited a principal amount of Rs.43,490/-.  The complainant has purchased the Dish Washer on 06.07.2018 on the very same day the product was defective.  The OPs have not made payment after issuance of legal notice.  Only after filing of this complaint OPs have made payment.  Hence complainant sought for interest on the payment amount, compensation and litigation expenses.

 

10. Admittedly the complainant filed the complaint against OPs on 14.01.2019.  On 30.05.2019 the OPs.1 & 2 appeared and submitted that they are ready to pay the amount of Rs.43,490/- and sought time.  After lapse of 7-8 months the OPs have filed memo along with DD only for the product price of Rs.43,490/- but not paid the interest, compensation and litigation expenses.     

 

11. The sworn testimony of the complainant coupled with the product of Dish Washer goes to establish that the OPs have supplied the defective Dish Washer to the complainant.  This conduct of OPs in selling such a product amounts to unfair trade practice as well as grave deficiency of service for which OPs have to be directed to pay adequate compensation to the complainant.

 

12. In the given facts and circumstances of the case, we are of the opinion that, OPs have to be directed to pay compensation of Rs.3,000/- to the complainant for deficiency of service apart from litigation cost of Rs.3,000/-.  Accordingly, we answered the point No.1 partly in the affirmative.

 

13. Point No.2: In the result, we proceed to pass the following order.

 

ORDER

 

The complaint filed by the Complainant is allowed in part.

2. The complainant is directed to collect the DD forthwith as OPs have already submitted before this Forum on 05.08.2019 for Rs.43,490/-.

 

3. Further the OPs jointly and severally directed to pay compensation of Rs.3,000/- & litigation cost of Rs.3,000/- to the complainant.

 

4. Complainant is directed to return the Dish Washer to the OPs after receipt of the above said amount.

 

5. This order is to be complied by the OPs within 45 days from the date of receipt of this order.

 

    Supply free copy of this order to both parties. 

 

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this, the 30^th day of August 2019)

          

 

 

(ROOPA.N.R)       MEMBER

(PRATHIBHA.R.K)    PRESIDENT

 

1. Witness examined on behalf of the complainant by way of affidavit:

 

Smt.Harsimrat Virk, who being the Complainant was examined. 

 

Copies of Documents produced on behalf of Complainant:

Ex-P1	Invoice dated 06.07.2018.
Ex-P2	Wats app message dated 19.07.2018.
Ex-P3	Mails
Ex-P4	Letter dated 20.08.2018.
Ex-P5	Postal receipt dated 21.08.2018.
Ex-P6	Legal notice dated 17.09.2018.
Ex-P7	Post receipts dated 17.09.2018.
Ex-P8	Reply notice of OP-1 dated 12.10.2018.
Ex-P9	Postal acknowledgments

 

 

 

(ROOPA.N.R)       MEMBER

(PRATHIBHA.R.K)    PRESIDENT

 

 

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