Chandigarh

DF-I

CC/667/2022

Mr. Umashankar Pundir - Complainant(s)

Versus

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

In Person

06 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/667/2022
Date of Institution	:	11/07/2022
Date of Decision	:	06/09/2023

 

Umashankar Pundir, H.No.53 T2, PU Residential complex, Sector 25 Chandigarh.

… Complainant

V E R S U S

1. LG Electronics India Pvt. Ltd., (Service Centre) Plot No.57, Purv Marg, Industrial Area Phase-I, Chandigarh-160002.
2. LG Electronics India Pvt. Ltd., Plot No.51, Surajpur Kasna Road, Greater Noida, Noida-201310, Near Udyog Vihar.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Complainant in person.
	:	Sh.Arjun Grover, Advocate for OPs alongwith Sh.Tribhuvan, Service Engineer of OPs.

 

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant had purchased a fully automatic LG washing machine for an amount of Rs.39,000/- (Annexure-1). When the washing machine used for washing, it was observed that the cloth washed through this machine changes its integrity and having cut mark on the cloths and also excess rubbing. The complainant had raised an online complaint through LG customer care number and they asked to change some basic settings like RPM, temp. setting etc. The complainant had followed the same instruction and run for some time again but issue was not resolved. Again, the complainant had filed a complaint on LG customer care. Thereafter, LG service engineer visited at complainant home. The service engineer after inspection left saying that the drum would be changed and he will inform about next step. One day one message received from LG that our request was closed. We have filed complaint through LG customer care number many times, but each time a service token was issued and they informed on phone that a technician will visit related to problem but the request was cancelled without any visit and without our knowledge every time. Hence, is the present consumer complaint.
2.     OPs contested the consumer complaint, filed their reply and stated that after using the washing machine for almost 8 months, the service engineer inspected the product and found that the wash quality is perfectly upto the standards and the product is functioning perfectly. It is further stated that the service engineer also issued a certificate in this regard. Copies of job sheet dated 29.04.2022 & 03.05.2022 are annexed as Annexure R-3 collectively. On these lines, the case is sought to be defended by the OPs.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the complainant in person and learned counsel for the OPs and gone through the record of the case.
6.     On perusal of the complaint, it is gathered that approaching the OPs many a times for carrying out necessary repairs of washing machine, they have failed to do the same satisfactorily.
7.     On persistent effort of this Commission, the OPs have examined the washing machine in presence of the complainant. The clothes washed in the machine were brought before Commission. It was observed that the clothes after washing carried small cuts/holes in the cloths.
8.     In view of the above, we are completely satisfied and are of the view that the washing machine is faulty and the OPs are directed to refund the money after deducting depreciation of 15% of the cost of washing machine. 
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund an amount of ₹33,150/- (₹39000/- minus 15% of ₹39000/-) to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint. The complainant shall, however, return the washing machine in question to the OPs.
2. to pay an amount of ₹6000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹5000/- to the complainant as costs of litigation.

10.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11.     Pending miscellaneous application, if any, also stands disposed of.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
06/09/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member