Order by:

Smt.Priti Malhotra, President

1.       The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 stating that complainant purchased one LG Washing Machine bearing model no.THD11STB.ABLPEIL, Sr. No.001TWTV2K376 from Opposite Party No.1 vide invoice no.28742 dated 08.06.2020 for an amount of Rs.39,000/-. Thereafter problem occurred in the above said washing machine in the month of March, 2023 and complainant contacted Opposite Party No.1 and told about the problem occurred in the washing machine who advised the complainant to contact and report the matter to LG Customer Care upon which complainant called LG Customer Care Service Centre Moga on Mobile and got registered the complaint. In response to the complaint of the complainant, Opposite Party No.2 authorized service centre of Opposite Party No.2 sent its service provider to repair the above said washing machine who repaired the same by changing its PCB Assembly Display and charged Rs.3413.70 from the complainant vide e-receipt no.W43971/02946 dated 31.03.2023. Alleged that after few months of repair on 16.08.2023, the above said washing machine again showed defects in its working due to which complainant again contacted the service provider of LG Electronics. In response to the request of the complainant, Opposite Party No.2 again sent its service provider at the house of complainant who repaired the washing machine by fixing Harness Multi, PCB Assembly. The complainant again paid an amount of Rs.5033.09 against e-receipt no.W43971/05204 dated 26.08.2023. Alleged further that even after getting washing machine repaired twice, the same again started malfunctioning and showed defects within the warranty period due to which the complainant became frustrated. Thereafter the complainant visited the above said shop/office of Opposite Parties No.1 & 2 regarding the above said issue, but they refused to listen the grievances of the complainant. On 29.08.2023, the complainant also sent an email on the official mail id of Opposite Party No.3 and requested to do the needful, but to no effect. The complainant also sent a legal notice dated 12.09.2023 to all the Opposite Parties, but all in vain. Hence, this complaint. Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite Parties may be directed to repair the washing machine by its technical experts and remove the default in the above said washing machine of the complainant and refund the amount of Rs.8446.16 charged for repair of washing machine alongwith interest @ 12% p.a. from the date of payment till its realization.

b)      To pay an amount of Rs.25,000/- as compensation on account of damages, harassment and mental tension.  

c)       To pay an amount of Rs.15,000/- as legal and miscellaneous expenses.

d)      And any other relief which this Commission may deem fit and proper be granted to the complainant in the interest of justice and equity.

2.       Despite due service of notice, none appeared on behalf of Opposite Parties No.1 & 2, as such, Opposite Parties No.1 & 2 were proceeded against exparte vide order dated 12.01.2024.

3.       Opposite Party No.3 appeared through counsel and contested the complaint by filing written reply taking preliminary objections therein inter alia that the complaint is filed with mischievious intentions. The product in question i.e. washing machine is perfectly working and there is no such defect as alleged by the complainant. The washing machine has been alleged to be purchased on 08.06.2020 and is being extensively used by the complainant till date without any kind of problem.  The washing machine carries a standard warranty of two years only which is subject to warranty terms and conditions as mentioned in the warranty card supplied with the product. The complainant has reported problem in washing machine and lodged complaint on 27.03.2023 after  2 years 9 months of purchase and extensive usage. The said complaint was duly attended by the service engineer. On checking the washing machine it was found that it was giving minor problem, its parts were replaced and the machine was working properly. As the machine was out of warranty, hence repair was done on chargeable basis. Thereafter, the complainant lodged complaint on 27.08.2023. The service engineer checked the washing machine and changed the required part and thereafter washing machine was perfectly working. Thereafter complainant has not reported any kind of problem in the washing machine, but complainant for the reasons best known to him has filed the present false complaint. There is no deficiency in service on the part of answering Opposite Party. Averred that the first complaint was lodged after 2 years and 9 months of purchase. However, the reported problem was duly rectified by the authorized service centre as per warranty conditions on chargeable basis as warranty period of 2 years has already expired. The complainant has not set our any legitimate ground entitling him for replacement or refund of price of washing machine alongwith compensation and damages. The complainant has neither alleged any specific irrepairable manufacturing defect and inferior quality of the specific part of the product nor filed any documentary evidence i.e. authenticated report of expert and qualified person of central approved laboratories. On merits, all other allegations made in the complaint are denied and a prayer for dismissal of the complaint is made.

4.       In order to prove his case, the complainant has placed on record copy of Aadhar Card as Ex.C1, his affidavit Ex.C2 alongwith copies of documents Ex.C3 to Ex.C10.

5.       On the other hand, Opposite Party No.3 has placed on record affidavit of Sh.Satyanarayn Singh, Branch Service Manager as Ex.OP3/1.

6.         We have heard the ld. counsel for both the parties and also gone through the record.

7.       It is proved on record that complainant purchased the product in question from the Opposite Party No.1, vide invoice no.28742 dated 08.06.2020 for an amount of Rs.39,000/- (Ex.C3). It is also proved on record that some problem occurred in the above said washing machine in the month of March, 2023 and complainant got registered the complaint with Opposite Party No.2 i.e. LG’s Service Centre and thereafter service provider of the Opposite Party No.2 repaired the same and complainant paid Rs.3413.70 (Ex.C4), since it was out of warranty and repair was done on chargeable basis. Evidently, the product in question again got defective and again the service provider of the Opposite Party No.2 repaired the product in question and complainant again spent Rs.5033.09 (Ex.C5). It is also proved on record that said machine again got defective and the complainant lodged the complaint regarding the same to Opposite Parties, through email, copy of which is Ex.C7. Complainant alleged that despite making various requests, the Opposite Parties failed to remove the defect in the washing machine in question.

8.       On the other hand, the stand of Opposite Party No.3 is that the washing machine carries a standard warranty of two years only which is subject to warranty terms and conditions as mentioned in the warranty card supplied with the product. The complainant has reported problem in washing machine and lodged complaint on 27.03.2023 after  2 years 9 months of purchase and extensive usage. The said complaint was duly attended by the service engineer. On checking the washing machine it was found that it was giving minor problem, its part was replaced and the machine was working properly. As the machine was out of warranty, hence repair was done on chargeable basis. Submitted further that the complainant again lodged complaint on 27.08.2023, so the service engineer checked the washing machine and changed the required part and after that washing machine is functioning.

9.       We have gone through the rival contentions of ld. counsel for the parties and gone through the record. It is well proved  on record, vide Ex.C4, Ex.C5 and Ex.C6 that the complainant got repaired his washing machine from the Opposite Party No.2 twice by paying Rs.3413.70 and Rs.5033.09 respectively, but despite that washing machine again got defective for the third time and the Opposite Parties failed to remove the defect in the washing machine in question, copy of email Ex.C7 as well as copy of legal notice is evident of the fact that the washing machine of the complainant is not working properly besides being repaired twice and there are some defects, which the Opposite Parties failed to remove. Moreover, the perusal of the record reveals that first complaint of the complainant was attended by the Opposite Party No.2 by replacing some parts (which carries minimum three months warranty). Thereafter again washing machine in question got defective and the Opposite Parties again got repaired the same on 26.08.2023 by removing the same parts, which they earlier replaced and the same also contains 3 months warranty. Vide email dated 29.08.2023, the complainant again raised the complaint regarding the defect in washing machine, but the Opposite Parties failed to remove the defect in the said washing machine, despite the fact that the parts changed are covered under three months warranty. Hence, it stands proved on record that  the Opposite Parties have adopted unfair trade practice and deficiency in service by not removing the defect in the washing machine in question.

10.     In view of the above discussion, the instant complaint is partly allowed and the Opposite Parties, jointly and severally, are directed to remove the defect in the washing machine in question free of costs by replacing its defective parts and make the same functional. Further the Opposite Parties, jointly and severally, are directed to pay an amount of Rs.10,000/-(Rupees Ten Thousand only) as compensation on account of deficiency in service and for resorting to unfair trade practice. Also the Opposite Parties are liable to pay litigation expenses to the tune of Rs.5,000/-(Rupees Five Thousand only) to the complainant. The pending application(s), if any also stands disposed of. The compliance of this order be made by the Opposite Parties within 30 days from the date of receipt of copy of this order, failing which, they are further burdened with additional cost of Rs.10,000/-(Rupees Ten Thousand only) to be paid to the complainant for non compliance of the order. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced on Open Commission