Haryana

Panchkula

CC/531/2021

VIRAT AMARNATH. - Complainant(s)

Versus

LG INDIA HEAD OFFICE. - Opp.Party(s)

VIRAT AMARNATH

14 Nov 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	531 of 2021
Date of Institution	:	23.12.2021
Date of Decision	:	14.11.2022

 

 

Virat Amarnath, Advocate, Punjab and Haryana High Court, R/o # 272-A, Sector-15, Panchkula.

                                                                           ….Complainant

 

Versus

1.     LG India Head Office, Address: D-59, Site 4, Industrial Area,      Kasna Road, Surajpur, Greater Noida, Uttar Pradesh-201306.

2.     Ambika Trading Company through its Proprietor, Ground Floor, SCO-42, Sector-11, Panchkula.

                                                                                      ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

 

Before:              Sh.Satpal, President.

                        Dr.Pawan Kumar Saini, Member

Dr.Sushma Garg, Member

 

 

For the Parties:   Complainant in person.

                        OPs No.1 & 2 already ex-parte vide order dated 04.03.2022.

                       

ORDER

(Dr.Pawan Kumar Saini, Member)

1.             The brief facts of the present complaint are that the complainant had purchased one Air conditioner i.e. LG 1.5 Ton 5” SAC MSNQ18RNZA.ANLG from OP No.2 by paying an amount of Rs.39,000/- vide invoice no.177 dated 18.02.2021. In the month of May-June 2021 the said Ac started making un-interrupted noises. Upon which, he contacted OP no.2 and informed him about the said problem whereupon OP No.2 made a complaint to the customer care on behalf of the complainant. On the next day one executive from the service centre visited the house of the complainant and checked the above said AC, however at that time the AC did not make any noise. On 07.07.2021, the said AC again started making the same un-interrupted noises and he again made the complaint to the customer care on 24.07.2021 but no reply to the same was received. Thereafter, two officials of OP No.1 visited the house of the complainant and checked the AC by opening the same and for the entire day they were working to resolve the problem but could not resolve the same and went away. After passing a month,  a senior engineer, namely, Sahukaar of OP No.1 visited the  house of the  complainant and thoroughly inspected the AC and made video of the noises coming from its and he sent this video alongwith information regarding the problem in the AC to his seniors. After one week, the said senior engineer again visited and re-inspected the AC and when he could not resolve the problem, he told the complainant   to that  there is major problem in the AC so he will take the AC with him and repair the same. However, since that day neither the complainant has received any communication from OPs nor the AC has been replaced by them till date. The complainant has served a legal notice upon the OPs on 01.12.2021 but no reply has been received from the OPs till date. Due to the act and conduct of the OPs, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             Notices were issued to the OP No.1 through registered post and notice issued to OP No.2 through process served received back with the report of ‘Refusal’ and thus, due to non appearance of OPs No.1 & 2, they were proceeded ex-parte by this Commission vide its order dated 04.03.2022.

3.             To prove the case, the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-3 in evidence and closed the evidence by making a separate statement.

                   During the course of arguments, the complainant has submitted the copy of text message in support of his contentions, which are taken on record as Mark ‘A’ to ‘D’ for the adjudication of the case in a proper and fair manner.

4.             We have heard the complainant and gone through the entire record available on the file, minutely and carefully.

5.             One Ac i.e. LG 1.5 Ton 5” SAC MSNQ18RNZA.ANLG was allegedly purchased by the complainant from OP No.2 vide invoice no.177 dated 18.02.2021 amounting to Rs.39,000/-. The said AC, allegedly, had started creating interrupted noise in the month of May, June 2021 and on 07.07.2021, where upon a complaint was made on 24.07.2021, thereafter  a complaint was again made at the customer care belonging to Ops, which was given complaint no. RNP210725062919. Allegedly, two officials belonging to OP no.1 visited the house of the complainant and checked the AC in question but they failed to resolve the problem. Allegedly, the said complaint no. RNP210725062919 was conveyed to the complainant under process by OPs vide Mark ‘B’ and Mark ‘C’. As per complainant, a senior engineer namely, Sahukaar, was deputed by OPs who inspected the AC thoroughly but could not solve the problem. Again, the said senior engineer visited his house and after checking the AC informed the complainant that there was major problem in the AC. During arguments, the complainant has contended that the AC in question has a major problem, which the Ops have failed to solve and accordingly, a legal notice(Annexure C-2) was sent to Ops on 01.12.2021, through his counsel but his grievances were not redressed. The complainant reiterating the averments made in the complaint, corroborated by his affidavit Annexure C-1 to C-3 and mark ‘A’, ‘B’, ‘C’ & ‘D’, has prayed for acceptance of the complaint by granting the relief  as claimed for in the complaint.

6.               The OPs No.1 & 2 have preferred not to contest the present complaint by remaining absent despite services of notice and accordingly, they were proceeded ex-parte vide order dated 04.03.2022 respectively and thus, the assertions made by the complainant go unrebutted and uncontroverted.

7.             Evidently, one AC i.e. LG 1.5 Ton 5” SAC MSNQ18RNZA. ANLG was purchased by the complainant vide invoice no.177 dated 18.02.2021(Annexure C-1) from the OP No.2. As per unrebutted contentions of the complainant, the said Ac was  checked  by the technical persons of the OP No.2 as well as OP No.1 including senior engineer, namely, Sahukar but the problem of  creating  noise in it could not be solved despite lodging of complaint no. RNP210725062919 vide Mark ‘A’ and complaint no.RNP210219004786 vide Mark ‘D’. As per unrebutted contentions of the complainant, there is major problem in the AC as conveyed to him by the engineer, namely, Sahukaar who was deputed by OP No.1 to the house of the complainant, to inspect the AC in question. The Ops have preferred to withhold the testimony of said engineer, namely, Sahukaar and other technical persons who were deputed by them to the house of the complainant; so, adverse inference is liable to be drawn against OPs No.1 & 2, therefore, keeping in view the unrebutted contentions of the complainant, the OPs are responsible for the lapses and deficiencies on their part while not redressing the grievances of the complainant. Even the legal notice (Annexure C-2) sent to OPs through registered post vide Annexure C-3 has failed to bring any positive result.

8.             Adverting to relief it is found that  the replacement of the AC  in question with new one has been prayed for along with compensation of Rs.50,000/- and Rs.20,000/- on account of mental agony and harassment and litigation charges etc. During arguments, the learned counsel for the complainant has prayed for refund of the purchase price amounting to Rs.39,000/- to him. The request of the complainant is fair and justified; therefore, he is entitled to the refund of Rs.39,000/- along with interest.

9.             As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OPs No.1 & 2 jointly and severally:-

1. To pay a sum of Rs.39,000/- to the complainant, along with interest @ 9% per annum w.e.f. the date of filing of the complaint till its realization subject to return the  AC to OPs. 
2. To pay an amount of Rs.5,000/- to the complainant on account of mental agony and harassment.
3. To pay an amount of Rs.2,000/- as cost of litigation charges.

               

10.            The OPs No.1 & 2 shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OPs No.1 & 2 failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs No.1 & 2. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

 

Announced on: 14.11.2022

 

 

 

        Dr.Sushma Garg         Dr. Pawan Kumar Saini          Satpal

                Member                     Member                     President

 

Note: Each and every page of this order has been duly signed by me.

 

                                            Dr.Pawan Kumar Saini

                                             Member