Tamil Nadu

North Chennai

CC/144/2016

M.Sudesh - Complainant(s)

Versus

LG.Service center LG Electronics India Pvt Ltd Rep Service Manager - Opp.Party(s)

Abdul

27 Mar 2018

ORDER

 

                                                             Complaint presented on:  17.08.2016

                                                                Order pronounced on:  27.03.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

TUESDAY   THE 27^th   DAY OF MARCH 2018

 

C.C.NO.144/2016

 

 

MR. M. SUDESH

S/o. Ramachandran

No. 8/40, 11^th street Anjugam Nagar,

Kolathur, Chennai – 600 099.

                                                                                   ….. Complainant

..Vs..

1.M/s. L.G. Service Centre,     L.G.Electronics India Pvt.Ltd New No.13, Old No.7, Ramamurthy Colony Main Road, T.V.K.Nagar, Chennai-600 082, Represented by its Service Manager   2.M/s.Ganpath Electronics, Rep its Proprietor No.61/27, Arunchala Pandarams  Street, Purasavakkam, Chennai- 600 007.                                                                                                                      .....Opposite Parties

 

Date of complaint                                 : 21.09.2016

Counsel for Complainant                      : M/s.M.Abdul Razack

Counsel for Opposite Parties                   : T.R.Kumaravel     , T.R.Anand

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

This complaint is filed by the complainant  to direct the opposite party to repair and service the unit and to deliver and also to pay compensation for mental agony with costs of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

The 1^st opposite party have taken the complete split LG Air Conditioner, both indoor and outdoor unit from the complainant house for the purpose of gas filling, service and repair on 04.01.2016. The opposite party promised to deliver after one week of repair. However the opposite party fails to deliver the unit, inspite of several requests made by the complainant. Due to delay in repair and delivery the opposite parties caused mental agony and hardship to the complainant.

2. The complainant issued legal notice dated 03.04.2016. The 2^nd opposite party sent a reply dated 10.05.2016 that he already informed estimate of repair over phone to the complainant. However, the opposite party never informed any estimate to him and slept over for 4 months without any information to the complainant. Hence the opposite parties have committed deficiency in service to the complainant. Therefore the complainant filed this complaint to direct the opposite party to repair and service the unit and to deliver and also to pay compensation for mental agony with costs of the complaint.

3. WRITTEN VERSION OF THE  OPPOSITE PARTIES IN BRIEF:

          The 2^nd opposite party is the authorized agent of the 1^st opposite party. The service technician of the 1^st opposite party went to the complainant’s house on 02.01.2016 for A/C service. The said A/C unit was purchased in the year 2007 and hence the unit is not eligible for warranty. The 1^st opposite party checked the unit and found in dead condition. After informing the complainant they took the unit indoor and outdoor to their service centre for repair. The complainant also went to the service centre and he was briefed about the service and repair estimation. The complainant informed that after discussing with his family, he will get back to the service centre in 2 days. The complainant again said he will confirm in 3 days. However, he did not revert. The service centre tried many times to contact the complainant whether they can proceed with repair, the complainant did not pick up the call.

          4. In such circumstances the opposite parties received legal notice on 30.04.2016. The opposite parties shocked to receive notice and issued remainder to the complainant on 10.05.2016 and again sent remainder on 18.06.2016 and the letter was returned as unclaimed. The opposite parties have not committed any deficiency in service. The complainant has filed this complaint with malafied intention and hence they pray to dismiss the complainant with costs.

5. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

 

 

 

6. POINT NO :1 

          Admittedly, the 1^st opposite party service person have taken the LG split Air Conditioner, both indoor and outdoor unit for the purpose of gas filing and repair on 04.01.2016 to the service centre after issuing Ex.A1 acknowledgment and further till date the A/C unit is lying with the opposite parties.

          7.  According to the complainant, the opposite parties technician promised to deliver after service within one week and however they did not deliver the unit inspite of several request made by the complainant and finally the complainant issued Ex.A2 legal notice dated 30.04.2016 and for which the 2^nd opposite party gave Ex.A4 reply falsely that he was already informed about the estimate for repair telephonically and he did not turn up and the opposite parties still having custody of the A/C unit and did not repair and made ready for delivery and therefore they have committed deficiency in service.

          8.  The opposite parties would contend that the 2^nd opposite party prepared Ex.B1 estimation for repair and the same was informed to the complainant to give his consent for repair and thereafter they wrote Ex.B2 &B3 letters seeking the consent of the complainant for repair and he also sent Ex.B4 letter in Ex.B5 cover that was returned and Ex.B6 acknowledgment is filed and however the complainant only has not given his consent for repair and hence the opposite parties have not committed deficiency in service.

          9. Ex.B6 acknowledgment did not bear the signature of the complainant. Further, there is no evidence that which letter was sent through Ex.B6 acknowledgment. There is no postal seal is available in Ex.B6 and hence the genuineness of the Ex.B6 acknowledgment is doubted as argued by the complainant. The Ex.B5 cover returned and the same was sent only after the legal notice issued by the complainant. Further, having sent Ex.B5 cover with acknowledgment due, the 2^nd opposite party ought to have sent Ex.B2 & B3 letters also with acknowledgment due. However, no acknowledgments filed for the said letters. Hence, as contented by the complainant we hold that Ex.B2 & B3 letters are not genuine. If really the 2^nd opposite party should have prepared Ex.B1 estimate on 06.01.2016 and also informed the estimate through phone and also phoned for the same purpose and the complainant did not pick up the calls he should have very well sent the estimate to the complainant through thapal. He did not do so. Further, there is a gap of three months between the date on which the unit was taken and the complainant issued the Ex.A2 notice. In such circumstances we also hold that Ex.B1 estimate also should have come into existence on 06.01.2016 as argued by the complainant.

          10. From the available evidence, we hold that the opposite parties have not taken any steps to repair the A/C unit in spite of requests made by the complainant and the opposite parties unnecessarily   having the custody of the product without doing any repair and therefore we hold that the opposite parties failed to provide service to the complainant and there by committed deficiency in service.

11. POINT NO:2

          The opposite parties have taken the A/C unit for the purpose of doing repair and service. However they did not do the same. Hence the opposite parties can be directed to do the service of the product in a working condition and deliver the same to the complainant after receiving the repair charges as per Ex.B1estimate from the complainant. The opposite parties without doing repair and service of the product and kept the same idle, for several months and the complainant suffered with mental agony is accepted and for the same it would be appropriate to direct opposite parties to pay a sum of Rs.20,000/- towards compensation for mental agony, besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the complaint is partly allowed. The opposite parties 1 and 2 jointly or severally are ordered to repair the A/C unit to working condition as per Ex.B1 estimate and to deliver and install at the residence of the complainant after receiving the repair charges, within four weeks from the date of this order and also to pay a sum of Rs.20,000/- (Rupees twenty thousand only)towards compensation for mental agony, besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.

          The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order and failing to pay the same, the above compensation amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 27^th day of March 2018.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 04.01.2016                   Receipt issued by the first opposite party

Ex.A2 dated 30.04.2016                   Legal Notice issued to the first opposite party

Ex.A3 dated 03.05.2016                   Acknowledgement

Ex.A5 dated 10.05.2016                   Letter sent by the opposite party 2

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

 

Ex.B1 dated 06.01.2016                   Repair Estimation

 

Ex.B2 dated 16.02.2016                   Letter

 

Ex.B3 dated 10.05.2016                   Reminder Letter – 2

 

Ex.B4 dated 18.06.2016                   Reminder Letter – 3

 

Ex.B5 dated NIL                     Return Cover

 

Ex.B6 dated NIL                     Acknowledgement

 

 

 

MEMBER – I                                                               PRESIDENT