Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 476.
Instituted on : 16.09.2019.
Decided on : 25.05.2022.
Krishan Kumar age 47 years son of Shri Pale Ram, resident of House No.980-/1, Sanjay Colony, Rohtak.
.......................Complainant.
Vs.
- LG Shoppee Electronic Point, Near Railway Crossing, Delhi Road, Rohtak through Sandeep Kumar, authorized signatory.
- LG Electronics India Private Limited, A Wind, 3rd Floor, D-3, District Centre, Saket, New Delhi-110017, through its Principal Officer.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. SHYAM LAL, MEMBER.
Present: Ms. Sneh Lata, Advocate for the complainant.
Sh.Kunal Juneja, Advocate for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant had purchased an LG washing machine having 2+8 years warranty from the opposite party No.1 on 09.12.2017 worth Rs.23300/- vide invoice no.243. It was purchased on installments, but after three installments, the complainant has paid the whole payment because the respondents have started taking interest whereas as per opposite party No.1 interest was 0%. It is further submitted that it was a defective piece as the same was not working properly. The complainant made complaint on 21.07.2019 and on 22.07.2019 one serviceman came to attend the machine, he only checked water pipe, but no defect was removed. If the complainant puts clothes for washing, the machine torn the clothes and if the complainant puts washing detergent, then the same comes out of the machine. The machine was shown to a mechanic, who pointed out that it is a defective machine and there is problem in timer and other parts. The machine was in guarantee period, hence a request was made to the respondent no.2 through mobile but no efforts were made by respondent no.1 & 2. Complainant requested the opposite parties either to replace the machine or to refund the price but any heed was not paid to his requests. Complainant also served a legal notice dated 21.08.2019 but to no effect. The act and conduct of the opposite parties is illegal and amount to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to replace the above said washing machine of the complainant with a new one or to refund the price of washing machine alongwith interest, compensation and litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notices were issued to the opposite parties. Opposite parties in their reply has submitted that complainant purchased the said washing machine on 09.12.2017 and the said washing machine carries 2+ 8 years warranty. It is denied that the said washing machine was defective and created problems. As per the record of the company, the complainant has not lodged any complaint till date with the answering opposite party No.2. The complainant has filed the present complaint in order to get his washing machine replaced with a new one and to grab money from the opposite parties illegally. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
3. Ld. Counsel for the complainant in his evidence has tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C8 and closed his evidence on dated 14.09.2021. Ld. counsel for opposite parties made a statement that reply already filed on behalf of opposite parties be read in evidence and closed his evidence on 12.04.2022.
4. We have heard both the parties and have gone through the material aspects of the case very carefully.
5. As per the bill Ex.C1, complainant had purchased a washing machine on dated 09.12.2017 for a sum of Rs.23300/-. As per copy of message Ex.C2, it is submitted that the alleged washing machine was checked by one Engineer Gorav and he told that machine was taking more time due to unbalanced clothes and he advised to balance the clothes. But the complainant was not satisfied. As per copy of letter Ex.C3 dated 11.08.2019, complainant had made a complaint on the LG whatsapp Number submitting therein that the washing machine was not working properly and was taking four hours for washing clothes instead of fifty minutes and the clothes were torn in the functioning and despite his repeated calls, no one was attending him. As per the report Ex.C4 of one mechanic namely Prem Pal, he checked the washing machine in question on 07.08.2019 at the house of complainant and found that there was timer problem in the alleged machine and the machine was not washing the clothes properly. Complainant also served a legal notice dated 21.08.2019 upon the opposite parties through registered post and the postal receipt Ex.C6 is also placed on record. But despite his repeated requests and complaints, his washing machine has not been repaired/replaced by the opposite parties within warranty period. On the other hand, contention of ld. counsel for the opposite party is that complainant has not lodged any complaint till date with the opposite party and as such no harassment or deficiency in service has been caused to the complainant.
6. After going through the file and hearing the parties it is observed that complainant has made complaints on the whatsapp number of the opposite party/company and also sent a legal notice dated 21.08.2019 to the opposite parties through registered post and the copy of postal receipts Ex.C6 are also placed on record, which shows that the notice was served upon the respondents but despite this fact, no action was taken by the respondents. Hence the plea taken by the opposite party that no complaint was made by the complainant stands disproved. It is also observed that the washing machine in question became defective within warranty period but the same could not be repaired by the opposite parties. Hence there is deficiency in service on the part of opposite parties and opposite party No.2 being he manufacturer of the machine is liable to refund the price of machine after deduction of 20% depreciation on it i.e. Rs.23300/- less 20% = Rs.18640/-, as the same was used by the complainant uninterruptedly for two years approximately.
7. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party No.2 to refund the alleged amount of Rs.18640/-(Rupees eighteen thousand six hundred and forty only) alongwith interest @ 9% p.a. from the date of filing the present complaint till its realization and also to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service as well as litigation expenses to the complainant. Order shall be complied within one month from the date of decision. However, complainant is directed to hand over the washing machine in question to the opposite party no.2 at the time of making the payment, which shall be collected by the opposite party No.2 from the house of complainant.
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:
25.05.2022.
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Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
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Shyam Lal, Member.
