Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 706
Instituted on : 14.12.2022
Decided on : 17.04.2023
Sundry Debtors @ Kavita Devi R/o H.No. 416, Sector 14, Rohtak.
.......................Complainant.
Vs.
- LG Shoppee Electronic Point, Near Railway Crossing, Delhi Road, Rohtak-124001(Haryana)
- LG Electronics India Pvt. Ltd.(Head Office), IN greater Noida, Noida, Delhi Plot No. 51, Near Udyog Vihar, Surajpur Kasna Road,201310.
- Balaji Care Point, Rohtak which is the official service centre of LG Shoppee Electronic Point, Rohtak, Haryana. …………...Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh. Vikas Sharma, Advocate for complainant.
Opposite parties already exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that on 03.12.2021 she has purchased LG Water Purifier WW151NPR from opposite party no. 1. After three months of purchasing, LG Purifier started showing problems like water stopped coming out. When she made a complaint to LG service center they changed its first candle in march 2022. Thereafter it started working again but only for 15 days as again water stopped coming out. The complainant made multiple complaints to LG service center & dealer, but they gave her false promises to solve the issue. When the complainant warned them about the legal action and right of customers, then they send their mechanics who were not able to permanently solve the issue in purifier. Many of LG technicians who also came to attend the complaint after making hundreds of calls also pointed that this is the internal fault of purifier because a newly purchased purifier (under warranty product) never stops working after every 10 days. The complainant also made written complaint & request to change this purifier on LG’s customer form provide by LG's technician on their visit. Complainant also made the same requests several times to higher LG care centers like Karnal, to Mr Ravi, Mr. Kuldeep, Mr. Vikas, but they also ignored her complaint. It is averred that the act of opposite parties is illegal and amounts to deficiency in service. As such it is prayed that opposite parties may kindly be directed to replace the R.O. machine and also to pay Rs.30,000/- as harassment and Rs.10,000/- as litigation charges.
2. Notice of the present complaint was sent to the opposite parties who did not appeared before the Commission and were proceeded against exparte vide order dated 23.01.2023 of this Commission.
3. Ld. Counsel for the complainant in his evidence has tendered his affidavit Ex.CW2/A, documents Ex.C1 to Ex.C3 and closed his evidence on dated 22.03.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. Perusal of the record reveals that as per Ex. C-1, the complainant had purchased the LG Purifier on 03.12.2021 and there were issues regarding water stopped coming out etc. after the three months of its purchase. As per the complainant the same issues again appeared after repairs by the OPs which could not be removed by the OPs despite his repeated requests. To prove this fact, the complainant placed on record the screen shorts of complaints made by him with the opposite parties. As per Ex. C-2, the opposite parties gave response of complaint of complainant.
6. We have minutely perused the Ex.C-3 which shows that complaint no. RNP221128024393 has been closed by the opposite party with full satisfaction of the complainant but the perusal of complaint, affidavit and documents shows that LG Purifier has not been properly repaired by the opposite parties. On the other hand, opposite parties have not appeared before this Commission for the rebuttal against the pleadings of the complainant placed on the file and remained exparte in the present case. As such all the allegations leveled against the opposite parties regarding defective purifier stands proved.
7. In view of the facts and circumstance of the case, present complaint is allowed and it is directed that opposite party No.2 i.e. manufacturer shall replace the alleged LG Water Purifier of the complainant with the new one. Further opposite party no. 2 is also directed to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision. However, complainant is also directed to hand over the LG water purifier in question to the OP No.2 at the time of replacement of new purifier by the OP No.2, if the same is in his possession.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
17.04.2023.
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Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
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Vijender Singh, Member.
