STATE CONSUMER DISPUTE REDRESSAL COMMISSION
BIHAR, PATNA
Appeal No. 266 of 2016
1. L.G. Electronics India Pvt. Ltd. through its Branch Service Manager, L.G, Electronics India Pvt. Ltd., 301-302, 3rd Floor, Kamla Business Park, East Boring Canal Road, Patna- 800013
… O.P. no. 4/Appellant
2. Branch Service Manager, L.G., Electronics India Pvt. Ltd. 301-302, 3rd Floor, Kamla Business Park, East Boring Canal Road, Patna- 800013
…. O.P no. 3/ Appellant
Versus
1. Mohit Gupta, Son of Lakhi Babu, Resident of New Swarn Kunj Jewellers, Station Road, Siwan, PS- Siwan Town, District- Siwan
…. Opposite Party/Complainant
2. Proprietor, L.G. Shop, Jimmy Sales, Babunia Road, Siwan
…. Opposite Party no. 1
3. G.K. Service, (L.G. Authorized Service Centre), R.K. Nivas, Tarwara More, Siwan
…. Opposite Party no. 2
Counsel for the appellant: Adv. Sanjeet Kumar
Counsel for the respondent: Adv. Chandra Kant
Dated 06.02.2023
As per Sanjay Kumar, President.
O r d e r
Present appeal has been filed on behalf of appellant for setting aside the order dated 26.05.2016 passed by the Ld. District Consumer Forum, Siwan in Complaint Case no. 110 of 2015 whereby and whereunder the Ld. District Consumer Forum, Siwan has directed the appellant/opposite parties no. 2 and 4 to replace the refrigerator, double door of the complainant or pay the price of refrigerator within two months and further directed all the opposite parties collectively to pay an amount of Rs. 10,000/- towards economical, mental and physical harassment to the complainant.
Briefly stated the facts of the case is that complainant had purchased one L.G. refrigerator on 19.10.2012 from its authorized dealer at the cost of Rs. 75,000/- with 10 years of guarantee and was assured of prompt service.
The purchased refrigerator started malfunctioning on 10.03.2015 for which complainant registered complaint to O.P. no. 1 and O.P. no. 2 who send a mechanic namely Naushad to repair the refrigerator who after inspection found that there is problem in kit and he assured to repair and took Rs. 500/- as service charge but thereafter never came to repair the refrigerator.
Complainant thereafter lodged complaint to the L.G. Company on its toll free number and one mechanic Faiz came and inspected the refrigerator and said that kit is to be replaced and took Rs. 4,884/- and replaced the kit on 06.04.2015 but thereafter again on 15.04.2015 refrigerator stopped functioning for which O.P. no. 1 and O.P. no. 2 were informed but when no steps were taken by the them, then complainant again lodged compliant to the L.G company on its toll free number and thereafter one mechanic namely Sunil came and after inspecting the refrigerator he again said that the kit is defective and assured same will be replaced within two days, but thereafter he never came to repair the refrigerator. Complainant made several complaints to the opposite parties but received no response and his refrigerator remained out of order, and thereafter he filed consumer complaint case before the District Consumer Forum, Siwan for payment of price of refrigerator, kit and service charge as well as grant of compensation for mental and physical harassment and cost of litigation Total being Rs. 95,384/-.
Notices were issued to opposite parties however, inspite of valid service of notice only O.P. no. 1 appeared and proceeding against O.P. nos 2,3, & 4 remained ex-parte. In support of his claim case complainant produced purchase receipt dated 19.10.2012, job sheet and copy of warranty card and got examined himself and was cross examined by the O.P no. 1.
O.P. no. 1 filed his written statement stating therein that responsibility of after sales and service is with the company, and there is no deficiency of service or negligence on his part.
The District Consumer forum after appreciation of materials placed on record and hearing both the parties held that complainant had purchased a double door refrigerator on 19.10.2012 after paying price of Rs. 75,000/- for which guarantee was provided for 10 years, however refrigerator of complainant stopped working on 10.03.2015 for which complainant registered complaint with O.P. no. 1 and 2 but in spite of paying the service charge and cost of defective kit, refrigerator stopped working from 15.04.2015 even after being repaired and thereafter several reminders were sent to repair the defective refrigerator but same was not attended by the Opposite Parties and refrigerator remained defective which shows deficiency in service by service provider, although refrigerator was within guarantee/warrantee period and ordered O.P. no. 2 to 4 to provide another refrigerator or price of refrigerator to complainant within 2 months as well as to pay Rs. 10,000/- as amount of compensation for physical and mental harassment.
Aggrieved by the order dated 26.05.2016 passed by the District Consumer Forum, Siwan O.P. no. 3 to 4 have preferred this appeal before the State Commission.
It is submitted on behalf of appellant that complainant purchased the refrigerator on 19.10.2012 and same stopped working on 10.03.2015 i.e about three years of purchase and refrigerator was out of warranty period.
Complainant has not produced any expert opinion before the learned District Consumer Forum that there was any manufacturing defect in the refrigerator.
Heard counsels for the parties.
Refrigerator is an essential house hold electric appliance of daily use and it is difficult to manage daily house hold affairs in absence of refrigerator and any defect in refrigerator needs immediate repair and complaint can not be left unattended.
Expert opinion is not required in every case if from the materials placed on record it can be inferred that refrigerator repeatedly malfunctioned which was a continuous cause of agony and concern to the complainant.
The reasons explained for not attending the subsequent complaint is not convincing and is only and after thought. Not attending genuine complaint and suffering of a consumer by a company of international repute is a cause of concern.
Non appearance before the District Consumer Forum inspite of valid service of notice is not bonafide, when dealer of the company had appeared. Appellant themselves could have got refrigerator inspected in order to show that there was no manufacturing defect and said report could have been submitted before this court.
Grounds taken in this appeal were not taken before the District Consumer Forum as such can not be permitted to be raised in appeal before this Commission.
For the reasons as stated above, this court is not inclined to interfere in the order passed by the district Consumer Forum as impugned in this appeal, accordingly, this appeal is dismissed.
(Ram Prawesh Das) (Sanjay Kumar,J)
Member President
Md. Fariduzzama
