DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Complaint No. 574 of 2017
Dated of institute 03.08.2017
Decided On 19.12.2017
Mr.Jasdev Singh S/o Sh. Inder Singh, R/o Village Majatri, Tehsil Kharar, Distt. Mohali.
Complainant………
Vs
- M/s Saini Electronics, Main Bazar, Kharar, District SAS Nagar, Mohali.
- LG Care Centre, Second Floor, Phase-7, Mohali
Opposite Parties…..
Complaint under Section 12 of
the Consumer Protection Act.
Quorum
Sh. G.K. Dhir, President,
Ms. Natasha Chopra, Member
Present:- Complainant in person.
OPs ex-parte.
Order by : Sh. G.K. Dhir, President.
Order
The complainant purchased LG refrigerator from OP No.1 for an amount of Rs 23,000/- on 19.04.2017 vide invoice no.RBF-84. Warranty of one year was provided but despite that since from the first day, the refrigerator is not properly working because it is not giving cooling in the lower portion. In view of this, things lying in the refrigerator are spoiling. OP No.1 was approached and he informed OP No.2 and thereafter an employee of L.G came to the house of the complainant for checking the refrigerator. That employee claimed that the refrigerator has been repaired and the problem is removed. After few hours thereafter again the same problem faced and on contact to the OP, an employee of OP No.2 revisited the house of the complainant and again claimed as if there is a defect in the door of the refrigerator. New door was promised to be providedwithin 4-5 days. But when the said employee again came with the new door, then the same was found to be not proper one because of unequal measurement/size. Thereafter, various requests of the complainant for resolving the problem remained unheeded to and as such by claiming that the OPs provided deficient services and adopted unfair trade practice, prayer made for directing the OPs to refund the price amount of Rs. 23,000/- with interest @ 18 % P.A. from the date of service of the legal notice dated 08.06.2017 till payment. Compensation for mental harassment and agony of Rs. 15,000/- and litigation expenses of Rs. 15,000/- more claimed.
2. OPs are ex-parte in this case.
3. The complainant to prove his case, tendered in evidence his affidavit Ex CW1/1 along with documents Ex C-1 to Ex C-3 and thereafter closed the ex-parte evidence.
4. Written arguments not submitted but oral arguments of the complainant were heard.
5. From the perusal of invoice Ex C-1, it is made out that the complainant purchased LG Direct Cool15.95 refrigerator from OP No.1 on payment of Rs. 23,000/- on 19.04.2017. On this bill itself it is endorsed that goods once sold will not be taken back by OP No.1. Warranty of the goods is responsibility of the company. The present is also a case in which problem of working of the refrigerator due to non cooling in the lower portion is alleged and as such defect in the product covered by warranty. As the warranty is to be provided by the Company and as such responsibility remains of the manufacturer or its service centre i.e. OP No.2. Liability of OP No.1 for removing the defect/problem is not there in view of the above pointed endorsement on Ex C-1. As such the complaint against OP No.1 is not maintainable.
6. From the perusal of the affidavit of the complainant Ex CW1/1 as well as from the legal notice Ex C-2, it is made out that officials of LG visited twice the house of the complainant for removing the problem of non cooling in the lower portion but the same has not been removed till date. As the warranty provides for removal of the defects within the warranty period but this have not been removed and as such certainly there is deficiency in service on the part of OP No.2. The complainant had to suffer mentally because of being deprived of the comfort of purchase of refrigerator and as such certainly the complainant entitled to compensation for mental agony and harassment and also entitled for repair of the refrigerator in question free of cost along with litigation expenses.
7. As a sequel of the above discussion, the complaint allowed against OP No.2 only but the same is dismissed against OP No.1. OP No.2 is directed to repair the refrigerator in question free of cost for making the same functional within 30 days from the date of receipt of certified copy of the order. Compensation for mental agony of Rs. 5,000/- and litigation expenses of Rs. 2,000/- more allowed in favour of the complainant and against OP No.2. Payment of these amounts of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order, failing which the complainant will be entitled to interest on these amounts @ 6 % P.A after lapse of the above said period of 30 days till receipt of these amounts. Certified copies of the order be supplied to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
December 19, 2017
(G.K. Dhir) President
(Mrs.Natasha Chopra)
Member
