Date of Filing      : 09.06.2022

                                                                                                                 Date of Disposal : 28.02.2023

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 

 BEFORE  TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law)                            .…. PRESIDENT

                 THIRU.P.MURUGAN,  M.COM.,ICWA (Inter),B.L.,                                           ......MEMBER-II

 

CC. No.151/2022

THIS TUESDAY, THE 28th DAY OF FEBRUARY 2023

 

Mr.A.Govindaraj, S/o.Arjunan,

Door No.1/12 Gandhi Nagar 1st Main Road,

KallaniKuppam, Ambathur,

Chennai -600 053.                                                                                  ……Complainant.  

                                                                                 //Vs//

1.M/s.L.G.Electronics,

   Represented by its Regional Manager,

   Plot No.31A, 2nd Floor, Ambit park Road,

   Ambathur Industrial Estate,

   Opp.Ambit IT Park, Ambathur, Chennai -600 058.

 

2.M/s.L.G.Hi-Tech Services,

   Represented by its Service Manager,

    Plot No.18, Vijayalakshmipuram Main Road,

    Vijayalakshmipuram,

    Ambathur, Chennai 600 053.

 

3.Thirukumaram Stores,

   Represented by its Authorised Signatory,

   No.348, Trunk Road,

   Karayanchavadi Bus Stop,

   Poonamallee, Chennai -600 056.                                                …..opposite parties.

 

Counsel for the complainant                                            :   Mr.V.Balaji, Advocate.

Counsel for the opposite parties                                     :   exparte 

                         

This complaint is coming before us on various dates and finally on 21.02.2023 in the presence of Mr.K.Balaji Advocate  counsel for the complainant and the opposite parties were set exparte for non appearance and upon perusing the documents and evidences of the complainant this Commission delivered the following: 

ORDER

PRONOUNCED BY TMT. S.M. LATHA MAHESWARI, PRESIDENT

 

This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite parties in selling defective product along with a prayer to replace the LG A/C LS-Q18JNKA 1.5 TON  with new Air Conditioner with an extended warranty or to refund the sum of Rs.35,500/- with interest at the rate of 24% per annum from the date of purchase till the date of realization and to pay a sum of Rs.1,00,000/- as compensation for the mental agony along with Rs.5,000/- towards cost of the complaint to the complainant.

Summary of facts culminating into complaint:-

It was the case of the complainant that he purchased one unit of Air Conditioner Model LG A/C LS-Q18JNKA 1.5 TON with one year warranty from the 3rd opposite party and manufactured by the 1st opposite party on 26.05.2020 vide invoice No.101803 for a total sale consideration of Rs.35,500/-.  From the date of installation, the Air Conditioner machine was not working properly.  Heavy noise comes from the fan and dust formation was found at the back side of the IDV coil with water leakage on the right side.  Constant water leakage found throughout the period of usage from the cable of the indoor unit that spills on the stabilizer which leads to the nonfunctioning of the stabilizer. When the complainant contacted the 3rd opposite party, there was no response from them and once in a while when the complainant got response from the 3rd opposite party the complainant had explained all the problems to the Sales Manager, Mr.Gopi and have also sent a video of the condition of Air Conditioner.  Mr.Gopi gave the phone number of one Mr.Ajay Kumar, the Service Manager.  He also did not respond properly.  The complainant has given several complaints regarding non-function and mal function of the Air Conditioner on 06.10.2020, 07.10.2020, 09.10.2020, 20.10.2020, 22.12.2020, 11.01.2021, 24.03.2021, 25.03.2021, 30.03.2021, 31.03.2021 and 03.04.2021. The complainant submits that the service personnel attached to the 2nd opposite party came more than six times but they failed to locate the exact problems causing non-cooling and till today the problem was not rectified. One Mr.Syed Ismail called the complainant and responded in a rude and arrogant manner and closed the job card on his own stating the reason as “Customer Self Repair”. The defects occurred in the Air Conditioner was within the warranty period of one year.  It was due to manufacturing defect, the Air Conditioner was not working properly. Thus after issuance of legal notice dated 26.04.2021 the present complaint was filed by the complainant for the following reliefs as mentioned below; reliefs.

To replace the LG A/C LS-Q18JNKA 1.5 TON with new Air Conditioner with extended warranty or to refund the sum of Rs.35,500/- with interest at the rate of 24% per annum from the date of purchase till the date of realization;

 To pay a sum of Rs.1,00,000/- as compensation for the mental agony;

 To pay a sum of Rs.5,000/- towards cost of the complaint to the complainant.

 On the side of complainant proof affidavit was filed and submitted documents marked as Ex.A1 to A5. Though vakalath was filed by the opposite parties they did not appear before this commission to file any written version in time hence they were called absent and were set exparte on 10.11.2022 for non appearance and for non filing of written version within the mandatory period as per the statute.

Points for consideration:

Whether the complainant was successful in proving that the product, Air Conditioner Modal LG A/C LS-Q18JNKA 1.5 TON supply to him suffers with some manufacturing defects and that the opposite parties has committed deficiency in service in not rectifying the defects?

If so to what reliefs the complainant is entitled?

  Point:1

The following documents were filed on the side of complainant in support of his contentions;

Tax Invoice issued by the 3rd opposite party dated 26.05.2020 was marked as Ex.A1;

Job Sheet dated 09.10.2020 was marked as Ex.A2;

Whatsapp communication (series) was marked as Ex.A3;

 Legal notice issued by the complainant to the opposite parties dated 26.04.2021 was marked as Ex.A4;

Acknowledgement card for proof of delivery was marked as Ex.A5;

Heard the oral arguments and perused the pleadings and material evidences filed by the complainant.  Inspite of sufficient opportunities the opposite parties did not appear before this commission and hence they were called absent and were set exarte on 10.11.2022.  Though a review petition has been filed the same was dismissed on merits.  Further the opposite parties did not take any effort to get the exparte  order set aside.

The crux of the arguments advanced by the learned counsel appearing for the complainant is that from the day one of purchase the Air Conditioner did not work properly and within a short period, 11 complaints were made to the 2nd opposite party out of which 6 times the complaints were attended by them.  At one occasion they took the indoor unit completely for repair.  He also argued that the repairs occurred within the warranty period of one year.  The Job Sheet was produced as Ex.A2 and it is seen in the Job Sheet the defects has been noted by the Engineer.  The Whatsapp communications between the complainant and the 3rd opposite party who sold the product and also with LG Customer Care who serviced the product was submitted as Ex.A3 which proves about the defects and service made.  Further he Quoted Section 2 clause 47 (g) of the Consumer Protection Act, 2019 and argued that the burden of proof lies with the opposite parties.  Thus he prayed for the complaint to be allowed as prayed for.

On perusal of records and pleadings we are of the view that the complainant had successfully proved that the Air Conditioner was suffering with manufacturing defects.  It is seen that the product was purchased vide Invoice Ex.A1 dated 26.05.2020 and as it did not function properly the service centre was contacted as evident by Job Sheet dated 09.10.2020.  Thus it is evident that within five months of purchase the product was given for repair not necessiating for production of any expert opinion. Further the opposite parties also did not turn up to dispute the complaint allegations and to prove the contrary.  In such facts and circumstances this commission could safely arrive at a conclusion that the product supplied to the complainant was with certain inherent defects which was not rectified by the opposite parties and thus they have committed deficiency in service. Thus the point is answered accordingly in favour of the complainant and as against the opposite parties.

Point No.2:-

With regard to the relief to be granted, the counsel for the complainant sought only refund of the amount citing an unreported decision dated 11.02.2014 rendered by the Delhi State Consumer Commission in Jugnu Dhillon Vs Reliance Digital Retail Limited & Others wherein it has been held that the remedy of refund of the amount would be proper in place of replacement as replacement of the product would not satisfy the consumer because the consumer had lost faith in that company’s product.  Thus we order for refund of the product cost to be paid by the opposite parties to the complainant within four weeks from the receipt of copy of this order.  Further for the hardship and mental agony suffered by the complainant with a defective product we award a compensation of Rs.20,000/- and also we award Rs.5,000/- towards cost of the complaint. 

In the result, the complaint is partly allowed against the opposite parties 1to 3 directing them jointly and severally

a) to refund a sum of Rs.35,500/- (Rupees thrity five thousand five hundred only) within four weeks from the date of receipt of copy of this order; 

b) to pay a sum of Rs.20,000/- (Rupees twenty thousand only) towards compensation for the mental agony caused to the complainant;

c)  to pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant. 

d) Amount in clause (a) if not paid within four weeks from the date of receipt of copy of this order, interest at the rate of 6% will be levied on the said amount from the date of complaint till realization. 

 Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 28th day of February 2023.

 

       Sd/-                                                                                                                      Sd/-

MEMBER-II                                                                                                        PRESIDENT

 

List of document filed by the complainant:-

 

Ex.A1 26.05.2020 Tax Invoice. Xerox

Ex.A2 09.10.2020 Job Sheet. Xerox

Ex.A3 ................. Whatsapp communications(series). Xerox

Ex.A4 26.04.2021 Legal notice issued by the complainant to the opposite parties. Xerox

Ex.A5 .............. Acknowledgement card. Xerox

 

List of documents filed by the opposite parties:-

 

 

Nil

 

 

   Sd/-                                                                                                                    Sd/-

MEMBER-II                                                                                                     PRESIDENT