Tamil Nadu

South Chennai

CC/202/2019

Padmaja Rayudu - Complainant(s)

Versus

M/s Bhagya Home Appliances - Opp.Party(s)

M/s Mahendra Babu

13 Mar 2023

ORDER

                                              Date of Complaint Filed : 25.07.2019

                                              Date of Reservation      : 24.02.2023

                                              Date of Order               : 13.03.2014

 

          DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                               : PRESIDENT

                     THIRU. T.R. SIVAKUMHAR, B.A., B.L.,              :  MEMBER  I 

                     THIRU. S. NANDAGOPALAN., B.Sc., MBA.,        : MEMBER II

               

CONSUMER COMPLAINT No.202/2019

MONDAY, THE 13^th DAY OF MARCH 2023

 

Padmaja Rayadu,

W/o. Saisanjay,

H.No.519, LIG-II, 3^rd Main Road,

(besides fitness zone GYM),

TNHB Colony,

Velacherry,

Chennai – 600 042.                                                                                                    …  Complainant.

..Vs..

M/s. Baghyaa Home Appliances,

No.108 & 109, Triplicane High Road,

(Near Post Office)

Chennai – 600 005.                                                                                                     .. Opposite party.

 

                                                * * * * *

Counsel for the complainant      :  M/s. N. Mahendra Babu

Counsel for Opposite party        :  Exparte

 

          On perusal of records and having heard the oral arguments of the Counsel for the Counsel for the Complainant, this Commission delivered the following:

ORDER

Pronounced by Member-II, Thiru. S. Nandagopalan., B.Sc., MBA.,

(i) The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the opposite party to pay a sum of Rs.1,00,000  towards compensation for the deficiency of sold product,  deficiency in service, loss, hardship and mental agony caused to the Complainant.

I.  The averments of Complaint in brief are as follows:-

1.     The Complainant states that she purchased LG Fridge manufactured by LG from the distributor Baghyaa Home Appliances one of the Chennai dealers for a sum of Rs.24,800/- vide invoice No. AI/1210, dated 02.07.2018. Further the Complainant states that the Opposite party Baghyaa home appliances while selling the LG Fridge gave a warranty for a period of 1 year (i.e.02.07.2018 to 01.07.2019) assuring that the LG Fridge will give best performance and if any defect including manufacturing defect is found in the above said Fridge during the warranty period, the service centre of the manufacturer will rectify the said defect with the necessary service and also the replacement of spares to be provided. The Complainant submitted that to her surprise the said fridge started giving trouble from day 1 i.e. Fridge leakages. Hence the complainant filed the complaints by email dated on 28.12.2018, 05.02.2019, 12.02.2019, 13.02.2019 and the dealer deputed various Mechanic who inspected the Fridge and provided the temporary and interim solution for technical defect query made. The Complainant further states that the said Fridge has many technical defects identified but complaints like leakage of Fridge till date remain same without permanent solution moreover submitted that M/s. Baghyaa Home Appliances also deputed mechanics engaged again for rectification of the defects of the Fridge, and tried to rectify the defects permanently but failed on each and every occasion practically but trying to explain the theoretical figures are correct based on M/s. Baghyaa home appliances erring report were not convinced from our client due to the problem remaining the same till the last minute. The Complainant states that another Fridge mechanic confirms that the Fridge has manufacturing defects and advised the Complainant it's better to get the Fridge replaced, otherwise the Fridge will continue to give trouble that has been confirmed by third parties. The Complainant sent a letter to M/s. Baghyaa Home Appliances on 14.03.2019 requested the dealer to replace the Fridge, as the Fridge supplied is not giving satisfactory service from the day one went unanswered by the Opposite party. The complainant submitted that the defective Fridge sold by the Opposite party needs to be compensated for causing the mental agony due to not meeting the requirements. Therefore the complainant filed this complaint.

II. The Opposite Party set ex parte:

        Notice sent to the opposite party was duly served to the opposite party. Despite the notice being served the Opposite Party failed to appear before this Commission either in person or by an Advocate on the hearing date and not filed any written version on their side.  Hence the opposite party is called absent and set ex-parte on 25.9.2019. Subsequently, the case was proceeded to be heard on merits.

III.   The complainant has filed his proof affidavit, in support of his claim in the complaint and has filed documents which are marked as Ex.A-1 to A-4. Written Arguments of Complainant was filed.

 

IV.    Points for Consideration:-

1. Whether there is any deficiency in service on the part of the Opposite Parties ?

2. Whether the Complainant is entitled to the reliefs sought ?

3. To what other relief the Complainant is entitled ?

Point No.1 :-

2.     In this present case the Complainant averred that she purchased a LG Fridge model No.LG281BBGX from the Opposite Party i.e Baghyaa Home Appliances a dealer cum distributor by paying a sum of Rs.24,800 vide invoice No.AI/1210 dated 02.07.2018 as seen in Ex.A-1. Further the Complainant submitted that while purchasing the Fridge, the Opposite Party given a warranty for a period of 1 year (i.e 02.07.2018 to 01.07.2019) and further avers that the Opposite Party assured the LG fridge will give best performance and if any defect arises including manufacturing defect is found in the above said Fridge during the warranty period, the service centre of the manufacturer will rectify the said defect with the necessary service and also the replacement of spares to be provided. As per the Complainant averments it is pertinent to note that the Complainant failed to enclose the relevant documents like warranty card or bills to substantiate the 1 year warranty is applicable to the fridge sold by the Opposite Party. Further Complainant submitted that to her surprise the fridge started giving trouble from day 1 and was not functioning properly due to water leakage hence Complainant sent a mail to the LG service centre dated 28-02-2018 furnishing the details of malfunctioning fridge as seen in Ex.A-2 moreover Complainant averred that she filed the complaints by email dated on 28.12.2018, 05.02.2019, 12.02.2019, 13.02.2019 and the dealer deputed various mechanics to inspect the Fridge however only the temporary and interim solutions done for the technical defects. The Complainant further stated that the said Fridge has many technical defects identified but complaints like leakage of Fridge till date remain same without permanent solution. Alongside the Opposite Party M/s. Baghyaa Home Appliances also deputed mechanics to rectify the defects of the Fridge but failed to rectify the defects permanently on each and every occasion. Hence Complainant sent a legal notice to the Opposite Party on 14.03.2019 as seen in Ex.A-3 and also enclosed the acknowledgement of the same as seen in Ex.A-4.

3.     This Commission is of a considered view by carefully examining the facts and circumstances of the case alongside the materialistic evidence produced by the Complainant it is appropriate to notice that the Complainant failed to validate the allegations kept on the Opposite party were not authenticated by producing the necessary documents like work order or job order when the technicians addressed the fridge complaint those many times as averred by the Complainant in her complaint. Moreover, the Complainant failed to produce the warranty card or its relevant documents to substantiate that the said fridge falls under the warranty period. A bare claim without significant evidence is not sustainable hence there is no deficiency of service found on the part of the Opposite party. Hence Point No.1 is answered. 

Point Nos. 2 and 3:-

 

4.     As discussed and decided Point No.1 against the Complainant, the Complainant is not entitled for the reliefs claimed in the complaint and hence not entitled for any other relief/s. Accordingly Point No.3 is answered.

     In the result the complaint is dismissed. No costs.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 13^th of March 2023.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

      MEMBER II                           MEMBER I                       PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	02.07.2018	Fridge purchase relevant document and details
Ex.A2		e-mail correspondence& phone details
Ex.A3	14.03.2019	Legal Notice sent to M/s Baghyaa Home Appliances on 14.03.2019
Ex.A4	27.03.2019	Acknowledgement of receipt of letter from the concerns.

 

* * * * *

 

List of documents filed on the side of the Opposite Party:-

 

-NIL-

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR               B.JIJAA

      MEMBER II                      MEMBER I                     PRESIDENT