Delhi

West Delhi

CC/16/14

VIJAY KUMAR - Complainant(s)

Versus

LG SHOPEE - Opp.Party(s)

03 Dec 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

         150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

 

CASE NO.  14/16

 

    Shri Vijay Kumar,

    S/O Shri Rajender Kumar,

    R/O A-49/B Anand Vihar, Nagli Sakraviti,

    Najafgarh, New Dehi                                                              …… Complainant

VERSUS

LG Shopee, Life’s Good,

Through it’s

The Director/Chairman/Authorized Dealer/person

WZ-246 B/3, Main Najafgarh Road,

Metro Pillar NO. 657, Uttam Nagar,

New Delhi-110059

 

The Manager/Owner of Dealer (West Delhi Division)

Mr. Vinod Tyagi,

WZ-246 B/3, Main Najafgarh Road,

Metro Pillar NO. 657, Uttam Nagar,

New Delhi-110059

 

Mr. Kumund Sharma (Mkt Manager)

WZ-246 B/3, Main Najafgarh Road,

Metro Pillar NO. 657, Uttam Nagar,

New Delhi-110059

 

 

 

…..Opposite parties

O R D E R

PUNEET LAMBA, MEMBER

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986. Briefly the facts as alleged  by the complainant in the present complaint are that he purchased one  washing machine of make and  Model LG 7208PDDLP for a sum of Rs. 14,900/- vide invoice no. 6804 dated 06.12.2015 from the OP-1.  It is alleged that the washing machine was installed on 07.12.2015 by OP-1 and checked the machine which was not working properly and was cleaning the clothes. It is alleged, thereafter the complainant lodged a complaint with OP-3 telephonically. On 10.12.2015 the technicians visited the premises of the complainant and after checking the machine he informed that the machine does not have much capacity and it will work like this and the complainant has to bear it. It is alleged that the technicians failed to give any satisfaction chalan. The complainant again on 12.12.2015 lodged complaint with OP-4 who suggested to change the machine with a semiautomatic machine. It is alleged that on 14.12.2015 the respondent no.4 change the said machine of same model. The complainant alleged that he again lodged complaint to OP-1 but his request was rejected he also alleged that the sent messages from his mobile on 198.12.2015 and 21.12.2015 but to no effect it is alleged that the OP deliberately with dishonest and fraudulent intentions sold the machine and failed to full fill promise as made by them. Hence the present complaint for directions to the Ops to refund a sum of Rs. 16,900/- with interest @ 24 P.a. and also paid for compensation of Rs. 1,00,000/- on account of mental harassment.

     Notice of the complaint was sent to the Ops. Despite notice none put in appearance on behalf of Ops and they were proceeded ex-parte vide order dated 19.09.2016.  

When the complainant  was asked to lead evidence, he filed  affidavit of evidence and he relied on  annexure-C-1 copy of invoice dated 06.12.2015, annexure C-2 visiting card of OP-1, Annceure-C-3 statement of credit card.  

We have heard complainant in person and have gone through the material on record carefully and thoroughly.  

The main controversy lies in the narrow campus as to whether the complainant entitled for the relief he is claiming. The complainant admitted in his affidavit that the product in dispute is replaced with new same model by OP on 14.12.2015. There is no sufficient document on record to show that even after replacement the replaced product is defective. The complainant alleged that the OP has promised to replace the product in dispute with new semi automatic machine but he miserably failed to show any cogent evidence in support of it. The complainant is unable to show any deficiency in service on part of Ops. Therefore, we are of considered view that complainant has failed to prove his version Hence the complaint is devoid of merit. Resultantly the complaint is dismissed. 

Copy of this order be sent to the parties as per rules. File be consigned to record room.

Order pronounced on:-

 

 

 (K.S. MOHI)                                                                           (PUNEET LAMBA)

     President                                                                                           Member