BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no.120 of 2016
Date of Institution : 06.05.2016
Date of Decision : 25.10.2016
Sh. Hawa Singh Bishnoi, Advocate, District Courts, Sirsa, Tehsil and District Sirsa.
……Complainant.
Versus.
1. Mr. Vinod Gour, Service Manager, LG Electronics India Private Limited, 3rd Floor, 9th City Mart, Feb-49, Main Sohna Road, Gurgaon.
2. L.B. Electronics Near Subhash Chowk, Sadar Bazar, Sirsa, through its Incharge.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA……………………….PRESIDENT
SHRI RANBIR SINGH PANGHAL……MEMBER.
Present: Sh.Rakesh Bajaj, Advocate for the complainant.
Opposite parties No.1 & 2 exparte.
ORDER
Case of complainant is that on 1.6.2015, he purchased one LG air conditioner model LSA5NP3 split 1.5 ton from opposite party no.2 for a sum of Rs.32,700/- with stabilizer of Rs.3300/- vide invoice No.36955 dated 1.6.2015. However, after purchase, the said conditioner made serious noise like cooler and he made complaint to the op no.2 upon which on 14.6.2015, 26.6.2015 on 27.6.2015, the engineer of the company came to his house, but no solution was done. Thereafter, engineer came to his house on 27.6.2015, 2.7.2015 and on 10.7.2015 and after checking it was narrated by him that due to manufacturing defects in air conditioner, it cannot be repaired and required replacement. Thereafter, the complainant made several requests to the ops to replace the same due to manufacturing defect but all in vain and op no.2 has refused to admit his claim without any rhyme and reason. The complainant also got served legal notice upon ops upon which op no.2 contacted the complainant through telephone but refused to admit his claim. Hence, this complaint for a direction to the ops to replace the air conditioner or to refund Rs.32,700/- i.e. costs of the air conditioner alongwith interest and to pay a sum of Rs.20,000/- as compensation for harassment etc.
2. On notice, op no.2 did not appear despite due service and was proceeded against exparte. Initially, op no.1 appeared through its representative on one date i.e. on 15.9.2016 and the case was adjourned to 5.10.2016 for filing written statement on behalf of op no.1 on which date none appeared on behalf of op no.1 and was proceeded against exparte.
3. The complainant has tendered in evidence his affidavit Ex.C1, copy of bill Ex.C2, copy of legal notice Ex.C3 and postal receipts Ex.C4 and Ex.C5 and acknowledgment Ex.C6.
4. We have heard learned counsel for complainant and have gone through the case file carefully.
5. The complainant has placed on file his affidavit Ex.C1 wherein he has testified all the facts so set out by him in his complaint. The opposite parties have not bothered to appear before this Forum to controvert the averments of the complainant that there is no defect in the air conditioner and same is perfectly working rather they have opted to be proceeded against exparte. However, there is also no expert opinion placed on file by the complainant to prove that air conditioner is having manufacturing defect and cannot be repaired. In these circumstances, present complaint is partly allowed with the direction to the opposite parties to make the air conditioner in question defect free after replacement of parts, if any free of costs within a period of 45 days from today. A copy of this order be supplied to the parties as per rules. File be consigned to the record room after due compliance.
Announced in open Forum. President,
Dated:25.10.2016. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
