Tamil Nadu

North Chennai

CC/65/2015

M.Karthi Gobi - Complainant(s)

Versus

LG Electronics India Pvt Ltd - Opp.Party(s)

K.Rajasekaran

01 Nov 2016

ORDER

                                                                          Complaint presented on:  30.03.2015

                                                                             Order pronounced on:  01.11.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

TUESDAY THE 01^st DAY OF NOVEMBER  2016

 

C.C.NO.65/2015

 

 

Mr.M.Karthi Gobi,

Door No.21, Plot No.141, Rajaji Street,

Parvathy Nagar, Chennai – 600 063.

 

                                                                                    ..... Complainant

 

..Vs.

 

1. LG Electronics India Pvt. Ltd.,

Regional Office,

Rep. by its Managing Director,

No. Aa 11 Fathima Towers,

1^st & 2^nd Floor, 2^nd Avenue,

Anna Nagar (West),

Chennai – 40.

 

2. Girias Investment (P) Ltd.,

Rep by its Managing Director,

No.5, Rajaji Road,

Near National Theatre,

Tambaram (West)

Chennai – 600 045.

	......Opposite Parties

Date of complaint                                 : 16.04.2015

Counsel for Complainant                      : K.Rajasekaran Associates

Counsel for 1^st opposite party                  : M/s. Prashant. Rajagopal

Counsel for 2^nd Opposite Party                : Ex-parte

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant had purchased a LG Microwave Oven from the 2^nd Opposite Party/seller which was manufactured by the 1^st Opposite Party. After one week of the installation of the product the Complainant started to use it. At that time he felt the melting smell from the oven with white bust, immediately he stopped the product to avoid further damage. The Complainant registered a Complaint on 01.11.2014 with the 1^st Opposite Party and who gave Complaint No.RNA 141101020659. The Complainant received a Complaint from the customer care informing him that a service man will attend the problem within 2 working days. However no such person visited his house till 07.11.2014. Again the Complainant made Complaint was registered in Complaint No.141107000072. The Complainant was informed that one Mr.Prabakar will attend the problem and his mobile no.9176671129 was furnished to him. Either the Prabakar attended the problem in the product or he attended the call made to the above mobile by the Complainant. Thereafter, the Complainant contacted the customer care and registered another Complaint and for the said Complaint one Mr.Manikandan visited his house and took photographs of the oven and he informed the Complainant that the damaged parts will be replaced in the oven within 5 working days. However the same was not done by anyone. The Complainant also sent e-mail to the customer care of the 1^st Opposite Party and finally he sent an e-mail on 23.12.2014 to rectify the defects. However the Complainant sent legal notice to the 1^st Opposite Party Head Office on 27.12.2014 and the same was received by him and further second notice was sent to the Opposite Parties dated 10.02.2015 and however the Opposite Parties failed to reply for the same. The failure to rectify the defects in the product is deficiency on the part of the Opposite Parties and hence the Complainant filed this Complaint to replace a new product or refund the cost of the product, compensation for mental agony and also cost of the Complaint.

          2. The 2^nd Opposite Party remained absent and he was set ex-parte.

3. WRITTEN VERSION OF THE 1^st  OPPOSITE PARTY IN BRIEF:

          The 1^st Opposite Party service engineer visited the complainant’s residence on receipt of Complaint and found that the coil of the Microwave Oven was found to be burnt as a result of high voltage passing through the machine due to and defective electric wiring in the complainant’s residence. The Complainant was informed by the engineers to bear the expenses for the same, but the Complainant refused to do. Therefore this Opposite Party has not committed any Deficiency in Service and prays to dismiss the Complaint with costs.

 

 

 

4. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

5. POINT NO :1

          It is an admitted fact that the 1^st Opposite Party is the manufacturer of LG Electric Microwave Oven, Regional Office and the 2^nd Opposite Party is the seller of the such a product and the Complainant purchased a Microwave Oven on 11.10.2014 under Ex.A1 for consideration and the said product was installed at the residence of the complainant by the LG service man.

          6. The Complainant alleged deficiency against the Opposite Parties are that after installation, he started to use the product he felt melting smell and immediately he stopped the oven to avoid  further  damage and he registered the Complaint to the 1^st Opposite Party customer care on 01.11.2014 in Complaint No.RNA 141101020659 and not attended the defects and again on 07.11.2014 he registered another Complaint No.RNA 141107000072 with the customer care and they replied to the Complainant that one Mr.Prabakar will attend the service and his mobile number is 9176671129 and however  the said Prabakar did not  attend and again  3^rd  time he registered a Complaint with the customer  care and only after that one Mr.Manikandan a service man came and took photographs of the oven and assuring  that the damaged spare parts in the oven will be replaced within 5 working days and however thereafter no one has attended and hence after issuing Ex.A3 notice he had filed this Complaint.

          7. The Opposite Party pleaded in the written version that the coil in the oven was found to be burnt and to replace the same and to rectify the defects the Complainant refused the bear the cost of the replacement of the spare and hence the 1^st Opposite Party has not committed any Deficiency in Service.

          8. Ex.A2 is the e-mail correspondence made by the Complainant to the 1st Opposite Party to rectify the defects.  The said e-mail also acknowledged by the 1^st Opposite Party as per Ex.A2. The Complainant gave three mails dated 02.12.2014, 16.12.14 and again on the same day 16.12.2014 under Ex.A2, however  there is no response from the 1^st Opposite Party even for Ex.A3 notice and there is no reply from the Opposite Parties. Apart from that the Complainant also gave complaint on 01.11.2014 and on 07.11.2014 to the customer care and for the said Complaint number was also given by the 1^st Opposite Party to attend the problem. The customer care gave the mobile number service man Prabakar and however he did not attend the calls made by the Complainant. The product purchased on 11.10.2014 and within 3 months all the complaints have been made to the 1^st Opposite Party customer care about the defective product. Therefore the product should be within the warranty period.  Further there is no proof filed by the 1st Opposite Party to establish that he has asked the Complainant to bear the expenses. Therefore failure to attend the defect in the product within 3 months of the purchase establishes that the product manufactured by the 1^st Opposite Party and sold by the 2^nd Opposite Party to the Complainant is having defect. Further the 1^st Opposite Party in respect of the several Complaints failed to rectify the product and the 2^nd Opposite Party also sold the defective product to the Complainant establishes that the Opposite Parties 1 & 2 have committed Deficiency in Service.

9. POINT NO :2

          The Complainant wanted to refund the cost of the product. According to the Complainant the product is not working. The 1^st Opposite Party has not rectified the product. Therefore the prayer made by the Complainant to refund the cost of the product is sustainable and accordingly we are inclined to order the refund of the cost of the product to the Complainant. Though the Complainant purchased the new product the same is not working immediately and the Opposite Parties negligently failed to rectify the defects in the product caused mental agony to the Complainant is accepted and therefore for such mental agony it would be  appropriate to order a sum of Rs.10,000/- would be justified, besides a sum of Rs.5,000/- towards litigation expenses.     

In the result the Complaint is partly allowed. The Opposite Parties 1 & 2 jointly or severally are ordered to refund a sum of Rs.12,820/-(Rupees twelve thousand eight hundred and twenty only) towards  the cost of the product  to the Complainant  and also to pay a sum of Rs. 10,000/- (Rupees ten  thousand only) towards compensation for mental agony, besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.

        The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 01^st  day of November 2016.

 

MEMBER – II                                                               PRESIDENT

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 11.10.2014                   Bill for purchasing LG Microwave Oven (Model

                                                  Number MC2143BPP) issued by 2^nd Opposite

                                                  Party

 

Ex.A2 dated NIL                     E-mail sent to the 1^st Opposite Party

 

Ex.A3 dated 27.12.2014                   Legal notice to the Opposite Parties with

&10.02.2015                           Acknowledgement.

 

 

LIST OF DOCUMENTS FILED BY THE  1^st OPPOSITE PARTY :

                                      …… NIL …….

 

 

MEMBER – II                                                               PRESIDENT