Karnataka

Kolar

CC/10/2019

Muniyappa - Complainant(s)

Versus

M/s. Sudharshan Distributors - Opp.Party(s)

B.Kumar

30 Apr 2019

ORDER

Date of Filing: 28.01.2019

Date of Order: 30.04.2019

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 30^TH DAY OF APRIL 2019

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 10 OF 2019

Sri. Muniyappa,

S/o. Late Venkatappa,

Aged About 62 Years,

Gattakamadenahalli Village

& Post, Via Oorgaumpet,

K.G.F.                                                               ….  COMPLAINANT.

(Rep. by Sri. B. Kumar, Advocate)

 

- V/s –

1) M/s. Sudharshan Distributors,

# 1^st Cross Road, Robertsonpet,

K.G.F 563122.

(In-person)

 

2) The Manager,

LG Electronics India Private Limited,

A-Wing (3^rd Floor),

D-3 District Centre Saket,

New Delhi-110017.

(In-person)                                                                      …. OPPOSITE PARTIES.

ORDER

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint Under Section 12 of the Consumer Protection Act, 1986 against the opposite parties and prays to direct the OPs to replace “LG Water Purifier” or to make refund of Rs.29,900/- and Rs.10,000/- towards mental shock, Rs.10,000/- towards compensation Rs.10,000/- towards refund of amount paid towards labour charges, Rs.10,000/- towards costs and damages, in all a sum of Rs.69,900/- along with interest at the rate of 18% per annum from 31.01.2018 till repayment of the said amount to the complainant in the interest of justice and equity.

02.   The brief facts of the complainant case is that, OP No.1 is the LG Life Goods distributors and OP No.2 is the LG Electronics India Private Limited.  On 31.01.2018 complainant purchased one “LG Water Purifier” bearing Model No. WW180EP.CBKQEIL, Serial No.703NPYU001322 and HSN Code 8421219 for a total sum of Rs.29,900/- from OP No.1 shop through cash.  The said water purifier is not working properly and the same was informed to OP No.1 orally.  On 05.02.2018 OP No.1 visited and repaired the same and for the said repair OP No.1 imposed cost of Rs.2,200/- and the same was born by the complainant. 

02(a).       Further complainant contends that, after 15 days of its repair, the said water purifier again went out and complainant informed the same to OP No.1 through phone calls on 3 to 4 occasions, but OP No.1 did not cared to repair the same.  On 10.03.2018 OP No.1 has sent its labour and the same was repaired for Rs.2,400/- at the cost of the complainant.  Again within eight days the water purifier was went out of order.  The complainant informed the same to OP No.1 through phone calls for three to four times, but OP No.1 did not send its labour.  The complainant visited OP No.1 shop and intimated about the repair of the water purifier and thereafter on 09.04.0218 the OP No.1 sent its labour and the same was repaired at the cost of the complainant for Rs.2,500/-. 

02(b).       The complainant further contended that, the said water purifier within two or three days of its repair it went out of order.  The complainant informed the same to OP No.1, but OP No.1 has not taken any steps to repair or to replace the said product.  The said product has inherent defect and it could not repair and the same was supplied is spurious.   The warranty period is also in force and there is deficiency of service on the part of OP No.1.  On 01.01.2019 complainant issued legal notice to the OPs, but in spite of that also the OPs did not cared to give any replay nor come forward to replace the same or returned the amount of Rs.29,900/- and hence the complainant has approached this Forum seeking the above set-out reliefs with interest at the rate of 18% per annum.

03.   The complainant has filed the following documents along the complaint:-

1. Manual water purifier L.G. Company – Annexure-1.
2. L.G. Company Bill for Rs.29,900/- Annexure-2
3. L.G. Customer care and details copy – Annexure-3
4. L.G. Instrument copy photos – Annexure-4
5. Legal Notice – Annexure-5

 

04.   In response to the notices issued from this Forum, on 28.02.2019 one Sri. Azeez Ahmed.K appeared in-person on behalf of both OPs and prays for time to settle the matter. But in spite of giving sufficient opportunity OPs did not come forward to settle the matter nor contest the proceedings. 

05.   On 03.04.2019 the learned counsel appearing for complainant has filed affidavit evidence of complainant by way of examination-in-chief. 

06.   We have heard the arguments of the complainant side.

07.   Now the points that do arise for our consideration are that:-

(1) Whether is there any deficiency in service on the part of OPs?

 

(2) Whether the complainant is entitled for the relief as prayed in the complaint?

 

(3) What order?

 

08.   Our findings on the above stated points are:-

POINT (1) :-     In the Affirmative

POINT (2) :-     Partly in the Affirmative

POINT (3):-      As per the final order

for the following:-

REASONS

09.   POINTS (1) & (2):-

These points are taken up together for discussion to avoid repetition of facts and reasonings.  We have perused the complaint, affidavit evidence of the complainant along with documents produced by him.  The complainant has filed this complaint against the OPs and prays to direct the OPs to replace “LG Water Purifier” or to make refund of Rs.29,900/- and to pay Rs.10,000/- towards mental shock, Rs.10,000/- towards compensation, Rs.10,000/- towards refund of the amount paid towards labour charges, Rs.10,000/- towards costs and damages, in all a sum of Rs.69,900/- along with interest at the rate of 18% per annum from 31.01.2018 till repayment of the said amount.

10.   The complainant has produced Owner’s Manual along with warranty card as per Annexure-1 and it is noted that, “the LG water purifier comes with one year warranty from the date of purchase”.  The complainant has also produced retail invoice dated: 31.01.2018 issued by OP No.1 it discloses that, the complainant has purchased one water purifier bearing model No.WW180EP.CBKQEIL, serial No.703NPYU001322 by making cash payment of Rs.29,900/-to OP No.1 the dealer.  Annexure-3 is the customer care details and Annexure-4 is the copy of the photograph of the said LG water purifier.  Annexure-5 is the legal notice dated: 01.01.2019 issued by the complainant to both the OPs.  

11.   On perusal of the affidavit evidence of the complainant and the documents produced by him i.e., Annexure-1 to 5 are all goes unchallenged and it clearly goes to show that, on 31.01.2018 the complainant has purchased one LG Water Purifier by making cash payment of Rs.29,900/- to OP No.1 and within two months of its purchase the said water purifier stopped working completely and thereafter he complained the same, on several occasions through phone calls and orally also and in spite of undergoing several repairs by the authorized labourers of the OP No.1 the problem of the said water purifier persisted.  This clearly shows that, there is a manufacturing defect in the said water purifier and it could not be solved by the OP No.1 in spite of undergoing several repairs and it reveals about the manufacturing defect in the alleged LG Water Purifier supplied to the complainant.  The complainant has contended that, he had paid cost of repair charges, though it was under warranty, but the complainant has not produced any document for paying the said repair charges hence he is not entitled for the same. 

12.   On perusal of the order-sheet, it reveals that, on receipt of notice from this Forum one Sri. Azeez Ahmed K appeared on 28.02.2019 on behalf of both the OPs and prays time to settle the matter, but in spite of under taking not complied the same in spite of giving sufficient opportunities, OPs neither come forward to settle the matter nor contested the proceedings and they remained absent.  Hence as discussed above and the allegations made by the complainant and the affidavit evidence of the complainant and Annexure-1 to Annexure-5 are all goes unchallenged and prima-facie proves the allegation made by the complainant against the OPs and which goes to show about their utter negligence and deficiency in service on the part of the OPs and for which the complainant has suffered lot of inconvenience, mental agony and hardship.  The OPs have also not replaced the defective water purifier though which is in the warranty period and both OPs are jointly and severally liable to pay the compensation.  Hence we direct the OPs to take back the alleged water purifier by making refund of Rs.29,900/- to the complainant and Rs.10,000/- towards compensation and Rs.10,000/- towards mental agony and hardship and Rs.5,000/- towards litigation expenses.  Hence as discussed above, we answered the above points accordingly.

POINT (3):-

13.   In view of our findings on Point Nos.1 & 2 and the discussion made thereon, we proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant is partly allowed against OPs.

02.   The OPs are directed to pay Rs.29,900/- to the complainant and the complainant has to hand-over the defective “LG water Purifier bearing Model No. WW180EP.CBKQEIL, Serial No. 703NPYU001322 and HSN Code 8421219” to the OPs and OPs are also directed to pay a sum of Rs.10,000/- towards compensation and Rs.10,000/- towards mental agony and hardship and Rs.5,000/- towards litigation expenses within 30 days from the date of receipt of this order, failing which, the OPs are directed to pay interest at 6% per annum on Rs.29,900/- from the date of filing of the complaint till realization.

 

03.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 30^th DAY OF APRIL 2019)

 

 

   LADY MEMBER                            PRESIDENT