DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 607/14

Sh. PRADEEP KUMAR

S/O Sh. TILAK CHAND

R/O, H.NO. 49, BLOCK NO. 30,

TRILOKPURI,

NEAR MAYUR VIHAR PHASE-I,

DELHI-91.                                                                                                                                                                                                                                                                ….Complainant

Vs

1. M/S NEW PANKAJ ELECTRONICSERVICES,

THROUGH ITS AUTHORIZED SIGNATORY,

SHOP NO. B-6, DDA SHOPPING COMPLEX,

MAYUR VIHAR PHASE-I, POCKET-I,

NEAR JEEVAN ANMOL HOSPITAL,

2. LG ELECTRONICS PVT. LTD.

REGD. OFFICE AT

221, JPHASE-iii, OKHLA INDUSTRIAL AREA,

ALSO AT

A-27, MOHAN CO-OPERATRIVE,

BADARPUR, DELHI-44.

3. LG ELECTRONICS PVT. LTD.

SHEEN INDIA

AUTHORIZED SERVICE CENTER FOR

249 FIE, PATPARGANJ, INDUSTRIAL AREA, DELHI-92

                                                                                                                                  ….Opponent

Date of Institution: 03.07.2014

Judgment Reserved for: 13.07.2016

Judgment Passed on: 29/07/2016

Order By: Ms. Harpreet Kaur Charya (Member)

JUDGEMENT

The complainant Sh. Pradeep Kumar has filed this complaint against OP-1 (M/S NEW PANKAJ ELECTRONICSERVICES), OP-2 (LG ELECTRONICS PVT LTD), and OP-3 (LG ELECTRONICS PVT LTD) respectively alleging failure to provide proper services to the complainant.

            Brief facts of the complaint are that the complainant purchased LG window Air Conditioner vide invoice No. 1249, Book No.25 from OP-1, who is the authorized dealer of OP-2, on 30/03/2010 for total sum of Rs.13,600/-.

            That guarantee/warranty card was also issued for a period of 12 months with five years warranty on compressor.

            It is also stated that the complainant renewed the AMC of the Air Conditioner from 2011 to 2012 and lastly from 03/05/2013 to 02/05/2015.

            It is further stated that after some time, the said Air Conditioner was not working properly and the complaint was lodged with OP-3. The Engineer of the OP-3 visited the complainant and repaired the Air Conditioner, but lastly Air Conditioner was repaired on 06/04/2014. After that, several complaints were made on 10/05/2014, 16/06/2014 and 20/06/2014 to OP-3, but there was no response from OP-3. It is also stated that OPs have failed to exchange the Air Conditioner as per Terms and Condition of the guarantee/warranty card despite various requests. A legal notice dated 24/06/2014 was sent to OPs, but they did not reply, thus the complainant was constrained to purchase new Air Conditioner on 22/06/2014. Therefore, the complainant has prayed for a sum of Rs.13,600/- as cost of Air Conditioner which was purchased by the complainant from OP-1 along with interest, Rs.1,00,000/- for mental pain and agony and Rs. 21,000/- as litigation charges.

            The notice of the complaint was duly served to all the OPs but they did not put appearance despite several opportunities, hence, they were proceeded ex-parte on 24/09/2015.

            Thereafter the complainant has filed his ex-parte evidence by way of affidavit. He has examined Shri. Pradeep Kumar, the complainant himself who is relying on Exhibits CW1/A retail invoice, Exhibit CW1/B copy of the bill, Exhibit CW1/C copy of invoice, Exhibit CW1/D and CW1/E postal receipts, copy of the notice dated 24/06/2015 is Exhibit CW1/F. the copy of tracking receipt is Exhibit CW1/G to CW1/I. A copy of bill of new Air Conditioner is Exhibit CW1/J.

            We have heard the arguments on behalf of the counsel for the complainant and perused the documents placed before us.

            The complainant was successful in proving that he had purchased Air Conditioner from OP-1 who was the authorized dealer and had AMC for the Air Conditioner, Exhibit CW1/J is the bill of new Air Conditioner, which proves that complainant was forced to buy new Air Conditioner as product sold by the OPs was not working properly.

            As the OPs have not appeared, the allegations leveled by the complainant remain unrebutted. These days Air Conditioner is not a luxury, but a basic necessity. Hence, we observe that the OPs have failed to provide services to the complainant as promised by them.

            Therefore, OP-1, Pankaj Electronics is directed to pay Rs.9,000/- towards the cost of Air Conditioner after the complainant hands over the Air Conditioner to OP-1, we also award Rs.21,000/- as compensation towards the financial loss as he was compelled to purchase new Air Conditioner, and Rs.10,000/- as cost of litigation.

OP-1 and OP-2 shall be jointly liable to pay above said compensation and cost of litigation. 

            In case, the said amount is not paid by the O.P. within 45 days from the date of receiving this order, the same shall be recoverable along with 9% interest from the date of the order till the recovery of the said amount.

Copy of this order be sent to both the parties as per law.

File be consigned to Record Room.

(Dr. P.N.TIWARI)           (HARPREET KAUR CHARYA)                   (SUKHDEV SINGH)  

     MEMBER                               MEMBER                                                     PRESIDENT