DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No.: 23 of 2010 Date of Inst: 14.01.2010 Date of Decision:05.04.2010 1. Dr.(Mrs.) Sharda Kataria w/o Brig. M.K.Kataria r/o H.No.89, Sector 16-A, Chandigarh. 2. Brig. M.L.Kataria (Retd.) son of Late Dewan ChamanLal r/o H.No.89, Sector 16-A, Chandigarh. ---Complainants V E R S U S1. M/s X-Cite Electronics, SCO No.479-480, Sector 35, Chandigarh.2. LG Electronics (I) Pvt. Ltd., SCO No.142-143, 3rd Floor, Sector 34-A, Chandigarh.3. The Managing Director, LG Electronics India Pvt. Ltd., Plot No.51, Surajpur Kasna Road, Greater Noida-201306 (U.P.).4. The Authorized Representative, LG Electronics India Pvt. Ltd., 1774, Phase-III, Hallo Majra (Near Ram Durbar), Chandigarh.(OP No.4 deleted vide order dated 01.04.2010). ---Opposite PartiessQUORUM SHRI LAKSHMAN SHARMA PRESIDENT SHRI ASHOK RAJ BHANDARI MEMBER SMT.MADHU MUTNEJA MEMBER PRESENT: Complainant in person. Sh.Sucha Singh, Authorized Agent for OPs No.2 & 3. OP-1 exparte. PER LAKSHMAN SHARMA, PRESIDENT Dr.(Mrs.) Sharda Kataria and Brig.M.L.Kataria have filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed to :- i) Refund Rs.31000/- being cost of Air Conditioner along with interest @ 18% p.a. ii) Pay a sum of Rs.10,000/- on account of other expenses. iii) Pay a sum of Rs.50,000/- as compensation for mental and physical harassment. 2. In brief, the case of the complainants is that on 27.03.2009, they purchased two new 1.5 ton Split LG Air Conditioners for Rs.31,000/- each along with 42 inch LG make LCD from OP-1 vide invoice (Annexure C-1). They made several telephone calls to OPs for installation of air conditioners. However, OPs did not bother. Ultimately, the air conditioners were installed on 29.03.2009. According to the complainants, one of air conditioners was defective since the day of its installation. It has some inbuilt manufacturing defect. The gas of the air conditioner started leaking. The complainants informed OP-1 regarding the leakage of the gas. The employee sent by OP-1 refilled the gas. However soon thereafter, the gas of the air conditioner again started leaking. The complainants again informed OPs about the leakage of the gas but no action was taken. Ultimately, OPs removed the air conditioner and took it away for repairs. At that time, an assurance was given that, in case, the air conditioner is not repaired to the satisfaction of the complainants, it would be replaced or its price would be refunded. According to the complainants, after sometime, OPs sent an old and used air conditioner in place of new one taken away by them. So, the complainants refused to accept the said air conditioner and requested OPs to refund its price. Despite requests on telephone and reminders through e-mails etc., OPs failed to install defect free air conditioner or to refund its price. Keeping in view the fact that it was very hot and the complainants were feeling uneasy, they purchased another new air conditioner. Even thereafter despite requests made by the complainants, OPs have failed to refund the amount. In these circumstances, the present complaint was filed seeking the reliefs mentioned above. 3. OP-1 was duly served but nobody appeared on its behalf either in person or through counsel. Therefore, it was ordered to be proceeded against exparte vide order dated 25.02.2010. 4. In the reply filed by OPs No.2 and 3, the factum of purchase of two new 1.5 ton Split LG Air Conditioners for Rs.31000/- each along with 42 inch LG make LCD from OP-1 vide invoice (Annexure C-1) has been admitted. The case of the OPs is that air conditioners were installed by some unauthorized technician of LG company which resulted into leakage of gas. According to the Ops, this fact was brought to the notice of the complainants but they did nothing in getting the air conditioner installed properly. It has been averred that they sent different air conditioners to the complainants but they refused to accept any of them. In these circumstances, it has been prayed that there is no deficiency in service or unfair trade practice on their part and the complaint deserves dismissal. 5. We have heard the complainant in person and Sh.Sucha Singh, Authorized representative of OPs No.2 and 3 and have gone through the entire record including documents, annexures, affidavits etc. 6. The case of OPs is that the complainants had got the air conditioners installed from some unauthorized technician other than LG Company which resulted into leakage of gas. The complainant No.1 has deposed in her affidavit that she had made several telephone calls to OPs requesting them to send some person for installation of the AC but no person was sent for 2 days which amounts to deficiency in service. Admittedly, the air conditioners were installed on 29.03.2009 i.e. 2 days after the purchase of the said air conditioners. Failure on the part of OPs to send their engineers for installation of the air conditioners during this period amounts to deficiency in service. Admittedly, OPs had taken away the defective air conditioner for its repairs but the same has not been returned so far after its repairs. The OPs have also not replaced the defective air conditioner with a new air conditioner. Keeping in view the fact that it was very hot and the old couple needed the air conditioner for their comfort and that they could not be compelled to wait for indefinite period for the repair/replacement of the air conditioner. In these circumstances, the complainants had no option but to purchase another air conditioner. The new air conditioner was purchased because OPs failed to install repaired/new air conditioner within a reasonable time. So the complainants are entitled to refund of its price i.e. Rs.31,000/-. 7. In view of the above findings, this complaint is allowed with a direction to OPs to refund Rs.31,000/- being the price of air conditioner to the complainants. OPs are also directed to pay Rs.10,000/- to the complainants as compensation for mental agony and harassment besides Rs.2,500/- as costs of litigation. 8. This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which the OPs shall be liable to pay Rs.41,000/- to the complainants along with penal interest @ 18% p.a. from filing the date of the complaint i.e. 14.01.2010 till its realization besides costs of litigation. 9. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 05.04.2010 Sd/- (LAKSHMAN SHARMA) PRESIDENT cm sd/- (ASHOK RAJ BHANDARI) MEMBER Sd/- (MADHU MUTNEJA) MEMBER
| | MRS. MADHU MUTNEJA, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MR. A.R BHANDARI, MEMBER | |
